An Abstract of Laws and Government

CHAP. I. § 1. Of Magistrates.

All the Magistrates are to be chosen

• 1. BY the free Burgesses, Deut. 1. 13. Give for yourselves wise men, and understanding, and known amongst your Tribes, and I will place them for Rulers over you.

• 2. Out of the free Burgesses, Deut. 17. 15. Thou shalt in 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 Governor shall proceed from the mids of them, and I will cause him to draw near, and he shall approach unto me.

• 3. Out of the ablest of men, and most approved amongst them, Deut. 1. 13. before mentioned. Exod. 18. 21. Moreover thou shalt provide out of all the people 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 inferior unto others, Eccles. 10. 17. Blessed be thou O land, when thy King is the son of Nobles, and thy Princes eat in due season, for strength, and not for drunkenness. Jer. 30. 21. Their Nobles shall be of themselves, &c.

Sect. 2. The Governor hath joint power with the Assistants to govern the whole Country according to the Laws hereafter mentioned. Of himself he hath power (and in his absence the Deputy Governor) to moderate all public actions in a Common-wealth.

As

• 1. To send out Warrants for the calling of general Courts.
• 2. To order and transact all actions in the Court, when he sitteth, & to gather suffrages and votes, and to pronounce sentence according to the greater part of them.

Sect. 3. The power of the Governor with the rest of the Counselors, is

• 1. To consult and provide for the maintenance of the State and people, Numb. 11. from verse. 4. to 16.
• 2. To direct in all hard matters, wherein appeal is made to them from inferior Courts. Exod. 18. 22. And let them judge the people at all seasons: and it shall be, that every hard matter they shall bring unto thee, but every small matter they shall judge themselves: so make it lighter for thee, and they shall bear [the burden] with thee. Deut. 17. 8, 9. If there arise a matter too hard for thee in judgment between blood and blood, between plea and plea, and between stroke and stroke, matters of controversy within thy gates: then shalt thou arise, and get thee up unto the place which Jehovah thy God shall choose for himself. And thou shalt go unto the Priests, the Levites, and unto the Judge that shall be in those days: and thou shalt inquire, and they shall show thee the sentence of the judgment: And thou shalt do according to that sentence, &c.
• 3. To preserve Religion pure. Exod. 32. 27. And he said unto them, thus saith Jehovah the God of Israel, put every man his sword by his side, and go in and out from gate to gate, throughout the Camp, and slay every man his brother, and every man his companion, and every man his neighbor, &c. Exod. 25. 40. And look THOU make them according to their pattern which thou wast caused to see in the mount. 2. Caron. 19. 11. And behold, Amariah the chief Priest is over you in all the matters of the Lord, and Zebadiah the son of Ishmael, the ruler of the house of Judah, for all the 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 foreign invasions, or intestine sedition, and if need shall require, with consent of the people to enterpriz: wars. 2 King. 20. 13. And Hezekiah hearkened unto them, and shown them the house of his precious things, and all the house of his armor, &c. 2 Chr. 32. 2, &c. And when Hezekiah saw that Sennacherib was come; and that he purposed to fight against Jerusalem. Then he took counsel with his Princes, and his mighty men, to stop the waters of the fountains which [were] without the City, and they did help him. So there was gathered much people together, and they stopped all the fountains, and the brook that overflowed through the midst of the Land, saying, Why should the Kings of Assyria come and find much water? Also he strengthened himself, and built up all the wall that was broken, and raised it up to the Towers, and another wall without, and repaired Millo in the City of David, & made darts and shields in abundance. And he set Captains of War over the people, and gathered them together to him in the street of the gate of the City, and spake comfortably to them. &c. Exod. 17. 9. And Moses said to Joshua, choose us out men, and go out, fight with Amalek, tomorrow I will stand on the top of the hill with the rod of God in mine hand. Prov. 24. 6. For by wise counsel thou shalt make thy war, and in multitude of Counselors there is safety.

Sect. 4. And because these great affairs of the State cannot well and sufficiently be attended, nor safely and wisely administered, if they be often changed; therefore the Counselors are to be chosen for life, unless they give just cause of removal. Which if they do, then they are to be removed by the general Court. 1 King. 12. 6. And King Rehoboam consulted with the old men that stood before Solomon his Father, while he yet lived. Prov. 28. 2. For the transgression of the land, many are the Princes thereof, but by a wise knowing man it shall also be prolonged.

Sect. 5. The power of the Governor sitting with the Counselors and Assistants, is to hear and determine all causes, whether Civil or Criminall, which are brought before them throughout the whole Common-wealth: Yet reserving liberty of Appeales from them to the general Courts. Exod. 18. 22. And let them judge the people at all seasons: and it shall be that every great matter they shall bring unto thee, but every small matter they themselves shall judge; so shall it be easier for thee, and they shall bear the [burden] with thee. Deut. 1. 16, 17. And I charged your Judges at that time, saying, Hear between your brethren, and judge righteously between every man and his brother, and his stranger.

Sect. 6. Every Town is to have Judges within themselves, who shall be once in a month (or in 3. months at furthest) to hear and determine both Civil causes and pleas of less value, and crimes also which are not capital, yet reserving liberty of appeal to the Court of Governor and Assistants. Deut. 16. 18. Judges and Officers shalt thou make thee in all thy gates, which Jehovah thy God giveth thee throughout thy tribes, and they shall judge the people with judgment of righteousness. Exod. 18. 21, 22. Moreover thou shalt provide out of all the people able men, fearing God, men of truth, hating covetousness: and thou shalt place over them rulers of thousands, and rulers of hundreds, rulers of fifties, and rulers of 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 book the words of Jeremiah in the house of Jehovah: in the chamber of Gemariah the son of Shaphan the Scribe, in the higher Court, at the entry of the new gate of the house of Jehovah, in the ears of all the people.

And Michaiah the son of Gemariah, the son of Shaphan heard out of the book all the words of Jehovah. And he went down into the Kings house, into the Scribes Chamber, and lo there, all the Princes were sitting: Elishamah the Scribe, and Delaiah the son of Shemaiah, and Elnathan the son of Achbor, and Gemariah the son of Shaphan, and Zedekiah the son of Hananiah, and all the Princes.

Sect. 7. For the better expedition and execution of Justice, and of all affairs incident to every Court, every Court shall have certain Officers: As a Secretary to enroll all the acts of the Court. 1 King. 4. 3. Elihoreph and Abiah the sons of Shisha, Scribes, Jehoshaphat the son of Ahilud, Recorder. So also 2 Sam. 20. 24. And besides, Ministers of Justice, to attach, and fetch, and set persons before the Magistrates, and also to execute the sentence of the Court upon the offenders. John 7. 32. 45. And the Pharisees and chief Priests sent Officers to take him. Then came the Officers to the chief Priests and Pharisees, and they said unto them, why have ye not brought him? Acts 5. 26, 27. Then went the Captain 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 Council, and the high Priest asked them, &c. And for the same end, it shall be lawful for the Governor, or any two of the Counselors, or Assistants, or Judges, to give Warrants to an Officer to fetch any Delinquent before them, and to examine the cause: And if he be found culpable of crime, to take order by Sureties, or safe custody, for his appearance at Court. Levite. 24. 12. And they put him in ward, that the mind of the Lord might be shown them. So Numb. 15. 34. And they put him in ward, &c. And further, for the same end, and to prevent the offenders lying long in prison; It shall be lawful for the Governor, with one of the Council, or any two of the Assistants, or Judges, to see execution done upon any offender, for any crime that is not capital, according to the laws established. Yet still referring liberty of appeal from them to the Court, and from an inferior Court to a higher Court.

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

Sect. 1. ALL the free Burgesses (excepting such as were admitted free-men, before the establishment of Churches in this Country) shall be received and admitted out of the members of some or other of the Churches already established in this Country, and such members as are admitted by their own Church unto the Lord's table.

Sect. 2. These free Burgesses shall give power to choose in their own Towns fit and able men, out of themselves, to be ordinary Judges of inferior causes in their own Town. And against the approaches of the General Court, to choose two or three for Deputies or Committees, to join with the Governor and Assistants of the whole Country, to make up and constitute a general Court.

Sect. 3. The general Court shall have power, by the warrant of the Governor, or of the deputy Governor, or of any three of the Counselors or Assistants, or by the warrant of any twelve of the deputies of the Country, to assemble once every quarter, or half year, or oftener, as the affairs of the Country require, and to sit together till their affairs be dispatched. And secondly, to call the Governor and all the rest of the public Magistrates and Officers unto place, and to call them to account for the breach of any Laws established or other misdemenor, and to censure therein as the quality of the fact may require. And thirdly, to make and repeal Laws. And fourthly, to dispose all the Lands in the Country, and to assign them to several towns or persons, as shall be thought fit. And fifthly, to impose a levy of monies for the public 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 civil or criminal, wherein appleal shall be made unto them, or which they shall see cause to assume into their own cognizance and judicature. And seventhly, to assist the Governor and Counselors in the maintenance of the purity and unity of Religion, and accordingly to set forward and uphold all such good courses, as shall be thought fit for that end, by the advice of the Elders with consent of the Churches, and to repress the contrary.

Sect. 4. In this general Court, nothing shall be concluded but with common consent of the greater part, of the Governor and Assistants, together with the greater part of the deputies of the Towns. Unless it be in the election of Officers (where the liber • y of the people is to be preserved) or in judging matters of offense against the Law, wherein both parties are to stand to the direction of the Law.

Sect. 5. All the householders in every Town shall be accounted as the free inhabitants of the Country, and shall accordingly enjoy freedom of common; and inheritance of such lands as the general Court, or the several Towns wherein they dwell, shall allot unto them; after they have taken an oath, or given other security, to be true and faithful unto the State, and subject to such good and wholesome Laws as are established in the Country by the general Court.

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

Sect. 1. A Law to be made (if it be not made already) for the training of all men in the Country (fit to bear arms) unto the exercise of Military discipline. And withal another Law, for the maintenance of Military Officers and Forte.

Sect. 2. Because fish is the chief staple commodity of this Country, therefore all due encouragements to be given to such hands as shall set forward the trade of fishing. And for that end, a Law to be made, that whosoever shall apply themselves to set forward the trade of fishing (as fisher-men, Mariners or Ship-wrights) shall be allowed man for man, some or other of the laborers of the Country, to plant and reap for them, in the seasons of the year, at the public charge of the Common-wealth, for the space of these seven years next ensuing: And such labourerrs to be appointed and paid by the Treasurer of the Common-wealth.

Sect. 3. Because no Common-wealth can maintain either their Authority at home, or their honor 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 supplied and furnished,

• 1. By the yearly payment.
  • 1. Of 1 ^d . or ½ an acre of land occupied througout the country. Lands occupied in common by a town, to be paid out of the treasury or stock of the same town.
  • 2. Of 1 ^d for every beast, horse, or cow.
  • 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 foreign commodities.
• 3. By fines or mulcts put upon Trespassors.

Sect. 4. A Treasurer to be chosen by the free Bugesses, out of the Assistants, who shall receive and keep the Treasury, and make disbursements out of it, according to the direction of the general Court, or of the Governor and Council, whereof they are to give an account at the general Court. It shall also pertain to the Office of the Treasurer, diligently to survey and oversee, all the munitions of the country, canons, culverings, musquets, powder, match, bullets, &c. and to give account thereof to the Governor and Council.

Sect. 5. A Treasury also, or Magazine, or storehouse to be erected and furnished in every Town, distinct from the Treasury of the Church, that provisions of corn and of other necessaries may be laid up at the best hand, for the provision of such poor, as are not members of the Church, as it is written Deut. 14. 28, 29. Thou shalt lay it up within thy gates. And the Levite (because he hath no part nor inheritance with thee) and the stranger, and the fatherless, and the widow which are within thy gates, shall come and shall eat, and be satisfied, that Jehovah thy God may bless thee, in all the work of thy hand, which thou doest: And out of it such Officers may be maintained (as Captains or the like) who do any public service for the Town. But chiefly this treasury will be requisite for the preserving of the livelihood of each Town within it self: that in case the inheritance of the lands that belong to any Town, come to be alienated from the towns-men (which may unavoidably fall 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 paid into the Treasury of the Town.

This treasury to be paid.

• 1. By the yearly payment of some small rate upon acres of lands and beasts.
• 2. By fines & amercements put upon trespassers, condemned in the town Courts.
• 3. By a 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 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 disposal of the inheritance of all the lands in the country lieth in the general Court; whatsoever lands are given and assigned by the general Court, to any town or person, shall belong and remain by right of inheritance, to such towns and their successors, and to such persons and to their heirs and assigns, as their propriety forever.

Sect. 2. Whatsoever lands (belonging to any town) shall be given by the town, or by such Officers therein as they shall appoint, unto any person; the same shall belong and remain to such person and his heirs and assigns, as his proper right forever.

Sect. 3. In dividing of lands to the several persons in each town, regard is to be had partly to the number of persons in a family (to the more the greater allotment to be assigned, to the fewer, less) Numb. 26. 53, 54. Unto these shall the land be divided for an inheritance, according to the number of names. To many thou shalt give the more inheritance, and to few, thou shalt give the less inheritance: to everyone shall his inheritance be given, according to those that were numbered of him. And partly to the number of beasts, by which a man is fit to occupy the land assigned to him, and to subdue it, Numb. 35. 3. And the Cities shall they have to dwell in; and the suburbs thereof shall be for their cattle, 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 honorable accommodations in regard of their greater disbarsments to public changes. Deut. 3. 15. And I gave Gilead unto Machir. Josh. 15. 13. And unto Caleb the son of Jephunneh, he gave a part among the children of Judah, according to the commandment of Jehovah to Joshua: the city of Arba the father of Anak, which (city) is Hebrou. Josh. 19. 49, 50. When they had made an end of dividing the land for inheritance by their coasts, the children of Irael gave an inheritance to Joshua the son of Nun among them. According to 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 civil affairs are to be administered and ordered, so as may best conduce to the upholding and setting forward of the worship of God in Church-fellowship: It is therefore to be ordered, that wheresoever the Lands of any man's inheritance may fall, yet no man shall set his dwelling house above the distance of half a mile (or a mile at furthest) from the meeting house of the Congregation, where the Church doth usually assemble for the worship of God. Acts 1. 12. Then returned they to Jerusalem from the mount called Olivet, which is from Jerusalem a Sabbath days 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: Thou shalt surely give them a possession of inheritance among their Fathers brethren, and thou shalt cause the inheritance of their fathers to pass unto them. And thou shalt speak unto the children of Israel, saying; If a man die, and have no son, then ye shall cause his inheritance to pass 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 unto his Kinsman that is next to him of his family, and he shall possess it: and it shall be unto the children of Israel for a statute of judgment, as Jehovah commanded Moses.

Sect. 6. If a man have more sons then one, then a double portion to be assigned and bequeathed to the eldest son, according to the Law of God. Deut. 21. 17. But he shall acknowledge the son of the hated for the first born, by giving him a double portion, of all that is found with him; for he is the beginning of his strength, the right of the first born is his. Unless his own demerit doth deprive him of the dignity of his birth-right. 1 Chr. 5. 1. Now the sons of Reuben the first-born of Israel, for he was the first-born: but for as much as he defiled his fathers bedd, his birth-right was given to the sons of Joseph, the son 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 Governor and Assistants, or by the Court of Judges in each Town. Yet not to be disallowed, 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 Legatees. Heb. 9. 17. For a testament is of force after men are dead, otherwise it is of no strength at all. Gal. 3. 15. Though it be but a man's testament, yet if it be confirmed, no man disannulleth or addeth thereto.

Sect. 8. As God in old time in the 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 Burgess or free inhabitant of any Town, shall sell the lands allotted to him in the Town, but to someone or other of the free Burgesses or free inhabitants of the same Town. Unless the free Burgesses of the Town give consent to such sale, or refuse to give a due price, answerable to what others offer without fraud.

2. That if such lands be sold to any other, the sale shall be made with the reservation of such a rent-charge to be paid to the Town-stock, or Treasury of the Town, as either the former occupiers of the land were wont to pay, towards all the public charges thereof, whether in Church or Town: or at least, after the rate of 2 ^d . the acre, or some such like proportion.

3. That if any free Burgess or free Inhabitant of any Town, or the Heir of any of their lands, shall remove their dwelling from one Town to another: none of them shall carry away the whole benefit of the lands, which they possessed in the Town whence they removed; but if they still keep the right of inheritance of the land in their own hands (and not sell it as before) then they shall reserve a like proportion of rent-charge out of their land, to be paid to the public Treasury of the Town, as hath been wont to be paid out of it, to the public 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 Burgess or free inhabitant of any Town fall to his daughters (as it will do, for want 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 rent-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 charges of the Town and Church; or at least after the rate of 2 ^d . an acre as before. Provided always, that nothing be paid to the maintenance of the Church, out of the treasury of the Town, but by the free consent of the free Bugesses of the town.

CHAP. V. Of Commerce.

Sect. 1. IT shall be lawful for the Governor, with one or more of the Council to appoint a reasonable rate of prices of all such commodities, as are (out of the Ships) to be bought and sold in this Country.

Sect. 2. In trucking and trading with the Indians; no man shall give them, for any commodity, of their silver or gold, or any weapons of war, neither gunnes, gun-powder, nor swords, nor any other munition, which might come to be used against ourselves.

Sect. 3. To the intent that all oppression in bying and selling may be avoided: It shall be lawful for the Judges in every town, with the consent of the free Burgesses, to appoint certain select men, to set a reasonable rate upon all commodities, and proportionably to limit the wages of work-men and laborers, and the rates agreed upon by them, and ratified by the Judges to bind all the inhabitants of the town. The like course to be taken by the Governor and Assistants, for the rating of prices throughout the country; and all to be confirmed (if need be) by the general Court.

Sect. 4. Just weights and balances to be kept between buyers and sellers. And for default thereof, the profit so wickedly and corruptly gotten and gained, with as much more added thereunto, it to be forfeited to the public treasury of the Common-wealth; Lev. 19. 36. Just balances, just weights, a just ephah, and a just been shall ye have. Prov. 11. 1. Ballances of deceit is abomination to Jehovah: but a perfect stone is his delight. Prov. 15. 11. A just weight and balance are Jehovah's: all the stones of the bag are his work. 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 neighbor upon a pledge, the lender shall not make choice of what pledge he will have, nor take such a pledge as is of daily necessary use to the debtor; or if he do take it, he shall restore it again the same day. Deut. 24. 10, 11, 12, 13. When thou doest lend thy brother anything, thou shalt not go into his house to fetch his pledge. Thou shalt stand abroad: and the man to whom thou doest lend, shall bring out the pledge abroad unto thee. And if the man be poor, thou shalt not sleep with his pledge. In any case thou shalt deliver him the pledge again when the Sun goeth down, that he may sleep in his own raiment and bless thee; and it shall be righteousness unto thee before Jehovah thy God. Exod. 22. 26, 27. If thou take thy neighbors raiment to pledge, thou shalt deliver it unto him again, by that the sun goeth down. For it is his or her covering only, it is his raiment for his skin; wherein shall he sleep? and it shall come to pass, when he crieth unto me, that I will hear, for I am gracious.

Sect. 6. No increase to be taken of a poor brother or neighbor for anything lent unto him. Exod. 22. 25. If thou lend money to any of my people, that is poor by thee, thou shalt not be to him as an usurer: thou shalt not lay upon him usury. Lev. 25. 35, 36, 37. And if thy brother be waxen poor, 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 victuals for increase. Deut. 23. 19. Thou shalt not lend upon usury to thy brother, usury of money, usury of victuals; usury of anything 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 neighbor, and it be hurt or die, the owner thereof not being with it, he shall surely make it good. But if the owner thereof be with it, he shall not make it good: if it be a hired thing, it goes for the hire, Exod. 24. 14 15.

CHAP. VI. Of Trespasses.

Sect. 1. IF a man's swine or other beasts, or a fire kindled by him break out into another man's field, or corn; he shall make full restitution of the damage done by them, and of the loss of time which others have had, by carrying such swine or beasts to the owner, or to the fold: But if a man put his swine or beast into another man's field, restitution is to be made of the best of his own, though it were much better 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 man's field: of the best of his own vineyard shall he make restitution. If fire break out and catch in thorns, so that the corn rick, or the standing, or the field be consumed: he that kindled the fire, shall surely make restitution.

Sect. 2. If a man kill another man's beast, or dig and open a pit, and leave it uncovered, and a beast fall into it; he that killed the beast, and the owner of that pit, shall make restitution. Lev 24. 18. He that killeth a beast, shall make it good, beast for beast Exod. 21. 33, 34. And if a man shall open a pit, or if a man shall dig a pit and not cover it: and an ox or an 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 man's beast kill the beast of another's, the owner of the beast shall make restitution. Exod. 21. 35, 36. And if one man's ox hurt another's, that he die; then they shall sell the live ox, and divide the money of it, and the dead ox also shall they divide. Or if it be known that the ox hath used to push in time past, and his owner hath not kept him in, he shall surely pay ox for ox, and the dead shall be his own.

Sect. 4. If a man's ox or other beast, gore or 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 ox 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 ox or beast shall be forfeited and killed, and the owner also put to death, or else fined to pay, what the Judges and persons damnified shall lay upon him. Exod. 21. 28, 29, 30, 31, 32. If an ox gore a man or woman, that they die, then the ox shall be surely stoned, and his flesh shall not be eaten, but the owner of the ox shall be quit. But if the ox 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 ox shall be stoned, and his owner also shall be put to death. If there be laid on him a sum of money, then he shall give for the ransom of his life, whatsoever is laid upon him. Whether he have gored a son, or gored a daughter, according to this judgment shall it be done unto him. If the ox shall push a man-servant, or a maid-servant, he shall give unto the master thirty sheckles, and the ox shalle be stoned.

Sect. 5. If a man deliver goods to his neighbor 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 innocence; which if he take, and no evidence appear to the contrary, he shall be quit. But if he be found false or unfaithful, he shall pay double unto his neighbor. Exod. 22. 7, 8, 9. If a man shall deliver unto his neighbor money, or stuff to keep, and it be stolen out of the man's house: if the thief be found, let him pay double: if the thief be not found, then the master of the house shall be brought unto the judges: if he have not put his hand unto his neighbors goods. For all manner of trespass for ox, for asse, for sheep, for raiment, for any lost thing, which another saith that it is his, the cause of both parties shall come before the Judges: whom the Judges shall condemn, he shall pay double unto his neighbor.

But if a man take hire for goods committed to him, and they be stolen, the keeper shall make restitution. Exod. 22. 12. And if it be stolen from him, he shall make restitution unto the owner thereof. But if the beast so kept for hire die, or be hurt, or be driven away, no man seeing it; an oath shall be taken of the keeper, that it was without his default, and it shall be accepted. But if the Beast be torn in pieces, a piece brought for witness excuseth the keeper. Exod. 22. 10, 11. If a man deliver unto his neighbor an asse, or an ox, or a sheep, or any beast to keep, and it die, 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 neighbors 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 man's people, whether by death or banishment.

Sect. 1. BLasphemy (which is a cursing of God, or wicked denial of God by Atheism, or the like) to be punished with death. Lev. 24. 15, 16. Whosoever curseth his God, shall bear his sin. And he that blasphemeth the name Jehovah, 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 blasphemeth the name, shall be put to death.

§. 2. Idolatry to be punished with death. Deut. 13. from 1. to 11. If there arise among you a Prophet, or a dreamer of dreams, and giveth thee a sign, or a wonder.

2 And the sign or the wonder come to pass, whereof he spake unto thee, saying: Let us go after other God's, 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 soul.

4 Ye shall walk after Jehovah your God, and fear him: and keep his commandments, and obey his voice, and you shall serve him, and cleave unto him.

5 And that Prophet, or that dreamer of dreams, even he shall be put to death, because he hath spoken rebellion against Jehovah your God, which brought you out of the land of Egypt, and redeemed you out of the house of bondage, to thrust thee out of the way which Jehovah thy God commanded thee to walk in it: so shalt thou put evil away from the midst of thee.

6. If thy brother the son of thy mother, or thy son, or thy daughter, or the wife of thy bosom, or thy friend, which is as thine own soul, entice thee secretly, saying: Let us go and serve other gods, which thou hast not known, thou, nor thy fathers.

7. Of the gods of the people, which are round about you, nigh unto thee, or far 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 pity him, neither shalt thou spare, neither shalt thou conceal him.

9. But thou shalt surely kill him, thine hand shall be first upon him, to put him to death; and afterwards the hand of all the people.

10. And thou shalt stone him with stones, that he die; because he hath sought to thrust thee away from Jehovah thy God, which brought thee out out of the land of Egypt, from the house of bondage.

11. And all Israel, shall hear, and fear: and shall do no more any such wickedness, as this is, among you.

Sect. 3. Witchcraft (which is fellowship by covenant with a familiar spirit) to be punished with death. Exod. 22. 18. Thou shalt not suffer a witch to live.

Deut. 18. 10. There shall not be found among you, one who maketh his son or his daughter to pass through the fire; that devineth devinations, an observer of times, or an enchanter, or a witch.

11. Or a charmer, or a consulter with familiar spirits, or a wizard, or a 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 wizard, shall surely be put to death; they shall stone them with stones, their blood shall be upon them.

Sect. 4. Consulters with witches are not to be tolerated, but either to be cut of by death, or by banishment. Lev. 20. 6. And the soul that turneth after familiar spirits and after wizards, to go a whoring after them: I will even set my face against that very soul, and I will cut him off from among my people.

Sect. 5. Heresy (which is the maintenance of some wicked error, overthrowing the foundation of our Christian Religion, with obstinacy) if it be joined with endeavor to seduce others thereunto; to be punished with death. Because such an heritick (no less 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 die; because he hath sought to thrust thee away from Jehovah thy God, which brought thee out of the land of Egypt, from the house of bondage.

Sect. 6. To worship God in a molten or graven Image, to be punished with death. Exod. 32. 27, 28. And he said unto them, thus saith Jehovah the God of Israel, put every man his sword by his side, and go in and out from gate to gate throughout the Campe, and slay every man his brother, and every man his companion, and every man his neighbor. 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 willfully 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 man's name should be cut off from his people, who profaneth so grossly the name of God before his people.

These three last Sections have no Scripture annexed in my copy. But I suppose the Author groundeth his judgment for banishment, upon Numb. 15. 30, 31. The soul that doth ought with a high hand, whether he be borne in the Land or a stranger, he reproacheth Jehovah: and that very soul shall be cut of from the midst of his people Because he hath despised the words of Jehovah, and hath broken his commandment; in cutting off that very soul shall be cut off, his iniquity upon him.

Sect. 10. Profanation of the Lord's day, in a careless or scornful neglect or contempt thereof, to be punished with death. Numb. 15 from 30. to 36. But the soul that doth ought with a high hand, whether he be born in the land or a stranger, he reproacheth Jehovah: and that very soul shall be cut off from among his people. Because he hath despised the word of Jehovah, and hath broken his commandment: that very soul shall be utterly cut off, his iniquity [shall be] upon him. And while the children of Israel were in the wilderness; they found a man gathering sticks, upon the Sabbath day. And they that found him gathering sticks, caused him to be brought unto Moses & unto Aaron, & unto all the Congregation. And they put him in ward, because it was not declared what should be done unto him. And Jehovah said unto Moses, the man shall 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 died; as Jehovah commanded Moses.

Sect. 11. To plot and practice the betraying of the Country, or any principal Fort in it, into the hand of any foreign State, Spanish, French, Dutch, or the like, contrary to the Allegiance we profess and owe to our dread Sovereign Lord King Charles, his Heyrs and Successors (whilst he is pleased to protect us, as his loyal Subjects) shall be punished with death. This hath no Scripture annexed in my Copy, but I suppose is grounded upon the reason of the fame punishment, in the sixteenth Section, by the rule of proportion. For as the destroying of the life of a man is punished with death, so the betraying of a State is the destruction thereof, and culpable of the like punishment.

Unreverend and dshonourable carriage to Magistrates, to be punished with banishment for a time, till they acknowledge their fault, and profess reformation. Numb. 12. 11. 14, 15. And Aaron said to Moses: Alas my Lord, iay not the sin upon us, wherein we have done foolishly, and wherein we have sinned. And the Lord said to Moses, if her father had spit in her face, should she not be ashamed seven days? let her be shut out of the camp seven days, and after let her be received in again. And Miriam was shut out from the Camp seven days, and the people journeyed not till Miriam was brought in again.

Quere, whether this was a civil Censure of banishment, or Church-censure of excommunication: The like query might be made of the censure upon the seventh, eighth, and ninth Sections.

Sect. 13. Cursing of the Magistrates in highest ranks amongst us (to wit, of the Governor and Council) to be punished with death. Exo. 22. 28 Thou shalt not curse the God's: nor shalt thou curse the ruler of thy people. 2 Sam. 19. 21. Shall not Shimei be put to death for this, because he cursed Jehovah's anointed? 1 King. 2. 8, 9. 46. And behold, thou hast with thee Shimei the son of Gera, the son of Jemini of Bahurim: who cursed me with a bitter curse, in the day when I went to Mahanaim: but he came down to meet me at Jordan, and I sware to him by Jehovah, saying, I will not put thee to death by the sword. But now do not thou hold him guiltless, for thou art a wise man: and thou knowest what thou oughtest to do to him, but bring thou down his hoary head to the grave with blood. And the King commanded Benaiah the son of Jehoiadah, which went out, and fell upon him that he died, &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 son of Izhar, the son of Kohath, the son of Levi: and Dathan and Abiram sons of Elijah, and Or the son of Peleth, sons of Reuben, took [men.] And they rose up before Moses, and certain of the children of Israel, two hundred and fifty: Princes of the assembly, famous in the congregation, men of renown. And they gathered themselves together against Moses & against Aaron, and said to them, 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 yourselves above the congregation of Jehovah? And it came to pass as 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 down 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 riot and drunkenness, after due correction from their Parents, or whether they curse, or smite their Parents) are to be put to death. Deut. 21. 18, 19, 20, 21. If a man have a stubborn and rebellious son, which will not obey the voice of his father, and the voice 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 son is stubborn and rebellious, he will not hearken to our voice: he is a glutton and a drunkard. And all the men of his City shall stone him with stones, that he die: so shalt thou put away evil from among you, and all Israel shall hear and fear. Lev. 20. 9. For everyone who curseth his father, or his mother 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, shall surely be put to death. And he that smiteth his father, or his mother, shall surely be put to death.

Sect. 16. Murder (which is a willful man-slaughter, not in a man's necessary and just defense, nor casually committed, but out of hatred or cruelty) to be punished with death. Exod. 21. 12, 13, 14. He that smiteth a man, so that he die, shall surely be put to death.

But if a man lie 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 neighbor, to slay him with guile: thou shalt take him from mine altar, that he may die. Numb. 35. from v 16. to 24. And if he smite him with an instrument of Iron (so that he die) he is a murderer: the murderer shall surely be put to death. And if he smite him with throwing a stone (wherewith he may die) and he die, he is a murderer: the murderer shall surely be put to death. Or if he smight him with a hand weapon of wood, (wherewith he may die) and he die, he is a murderer: the murderer shall surely be put to death: The revenger of blood, he shall slay the murderer; when he meeteth him, he shall slay him. And he if he thrust him of hatred; or hurl at him, by laying of wait, that he die. Or in enmity smite him with his hand, that he die, he that smote him shall surely be put to death, he is a murderer: the revenger of blood, shall slay the murderer, when he meeteth him. But if he thrust him suddenly, without enmity; or have cost upon him anything, without laying in wait. Or with any stone wherewith a man may die (not seeing) and cast it upon that he die; not hating him, nor seeking his harm. Then the Congregation shall judge, between the slayer, and the revenger of blood: according to these judgments. And the Congregation shall deliver the slayer, out of the hand of the revenger of blood, &c. Gen. 9. 6. He that sheddeth man's blood, by man shall his blood be shed: for in the Image of God, he made man.

Sect. 17. Adultery (which is the defiling of the marriage bed) to be punished with death. Lev. 20. 9. And the man that committeth adultery with another man's wife, which commits adultery with his neighbors wife: the adulterer and the adulteress, shall surely be put to death. Deut. 22. 22. If a man be found lying with a woman married to a husband, then they shall both of them die, the man that lay with the woman, and the woman: so shalt thou put away evil from Israel.

Defiling of a woman espoused, is a kind of adultery, and punishable by death of both parties; but if the woman be forced, then by the death of the man only. Deut. 22. 23, 24, 25, 26, 27. If a damsel be a virgin, betrothed to an husband: and a man find her in the City, and lie with her. Then ye shall bring them out unto the gate of that City, and ye shall stone them with stones, that they die: the damsel, because she cried not in the City, and the man, because he hath humbled his neighbors wife: so thou shalt put away evil from among you. But if a man find a betrothed maid in the field, and the man force her, and lie with her: then the man only that lay with her, shall die. But unto the damsel thou shalt do nothing, there is in the damsel no sin worthy of death: because, as when a man riseth up against his neighbor and slayeth him; so is this matter. For he found her in the field: the betrothed damsel cried, and there was none to save her.

Sect. 18. Incest (which is the defiling of any that are near of kin, within the degrees prohibited in Leviticus ) to be punished with death. Lev. 20. 11, 12. 14. 17. 19, 20, 21. And the man that lieth with his fathers wife, hath uncovered his fathers nakedness: both of them shall be surely put to death, their blood [shall be] upon them. And that man which lieth with his daughter in law, both of them shall surely be put to death: they have wrought confusion, their blood [shall be] upon them. And the man take a wife and her mother, [it is] wickedness: they shall burn both him and them with fire, that there be no wickedness among you. And if a man shall take his sister, his fathers daughter, or his mothers daughter, and see her nakedness, and she see his nakedness, it is a wicked thing, and they shall be cut off in the sight of their people; he hath uncovered his sisters nakedness, he shall bear his iniquity. And thou shalt not uncover the nakedness of thy mothers sister, nor of thy fathers sister: for he uncovereth his near kin, they shall bear their iniquity. And if a man lie with his uncles wife, he hath uncovered his uncles nakedness: they shall bear their sin, they shall die childless. And if a man shall take his brothers wife, it is an unclean thing; he hath uncovered his brothers nakedness, they shall be childless.

Sect. 19. Unnatural filthiness to be punished with death; whether Sodomy (which is carnal fellowship of man with man, or woman with woman): or buggery, which is carnal fellowship of man or woman with beast or fowl. Lev. 20. 13. 15, 16. If a man also lie with mankind, as he lieth with a woman: both of them have committed abomination, they shall surely be put to death, their blood [shall be] upon them. And if a man lie with a beast, he shall surely be put to death; and ye shall slay the beast. And if a woman approach unto any beast, and lie down thereunto; thou shalt kill the woman and the beast: they shall surely be put to death, their blood [shall be] upon them.

Sect. 20. Pollution of a woman known to be in her flowers, to be punished with death. Lev. 20. 18. And if a man lie with a woman having her sickness, and uncover her nakedness, he hath discovered her fountain, and she hath discovered the fountain 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 true; the tokens of virginity are not found for the virgin. Then they shall shall bring out the damsel, to the door of her fathers house, and the men of her City shall stone her with stones, that she die, because she hath wrought folly in Israel, to play the whore in her fathers house: so shalt thou put away evil from among you.

Sect. 22. Man-stealing, to be punished with death. Exod. 21. 16. And he that stealeth a man, and selleth him, or if he be found in his hand, shall surely be put to death. Deut. 24. 7. If a man be found stealing any of his brethren of the children of Israel, and make gain of him, or sell him: then that very thief shall die, and thou shalt put evil away from among you.

Sect. 23. False witness against life, to be punishned with death. Deut. 19. 16. 21. If a false witness rise up against a man; to testify against that which is wrong. And thine eye shall not pity: life for life, eye for eye, tooth for tooth, hand for hand, foot for foot.

CHAP. VIII. Of other crimes less heinous, such as are to be punished with some corporal punishment or Fine.

Sect. 1. FOrcing of a maid or a rape, is not punished by God's law by death. But 1. with a fine or penalty to the father of the maid. 2. With marriage of the maid defiled; to wit, if she and her father consent. 3. With corporal punishment of stripes. For this wrong is a real slander: and worse to make an whore, then to say one is a whore. Deut. 22 28, 29. If a man find a damsel a maid, which is not betrothed, and lay hold of her, and lie with her: and they be found. 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 days. Deut. 22. 17, 18.

Sect. 2. Fornication to be punished. 1. With marriage of the maid, or giving her a sufficient dowry. Exod. 22. 16. And if a man entice a maid that is not betrothed, and lie with her: he shall surely endow her to be his wife. If her father utterly refuse, to give her to him: he shall 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 loss of honor or office if he be a Magistrate or Officer. Meet it is that their name should be dishonored, who do dishonor God's name. 2. With loss of freedom. 3. With disability to give testimony. 4. With corporal punishment; either by stripes, or by branding them with an hot iron, or boring through the tongue, as he hath bored and pierced God's name. This seems to be grounded upon the equity of the Law of blasphemy, in the 7. Chapter and 1. Section, by way of proportion. However my copy hath no Scriptures annexed.

Sect. 4. Drunkenesse (or transforming God's image into a beast) is to to be punished with the punishment of beasts. Prov. 26. 3. A whip for the horse, a bridle for the asse: and a rod for the baek of fools.

§. 5. Mayming or wounding of a free-man (whether free Burgess or free inhabitant) to be punished with a fine, and with loss of member for member, or some valuable recompense, and to pay for his cure and for the loss of his time. Exod. 21. 18, 19. 22, 23, 24, 25. And if men strive together, and one smite another, with a stone, or with his fist: and he die not, but keepeth his bed. If he rise again and walk abroad, upon his staff, then shall he that smote him be quit: only he shall pay for the loss of his time, and shall cause him to be thoroughly healed. And if men strive, and hurt a woman with child, so that her fruit depart from her, and yet no mischief follow: he shall be surely punished, according as the woman's husband will lay upon him, and he shall pay as the Judges [shall determine.] But if any mischief follow, then thou shalt give life for life, eye for eye, tooth for tooth: hand for hand, foot for foot. Burning for burning, wound for wound: stripe for stripe. Lev. 24. 19. 20. And if a man cause a blemish, in his neighbor: as he hath done, so shall be done to him. Breach for breach, eye for eye, tooth for tooth: as he hath caused a blemish in a man, so shall it be done to him again.

But if it be the 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 lie under his hand: he shall surely be punished. Notwithstanding if he continue a day or two days: he shall not be punished for he is his money. And if a man smite the eye of his servant, or the eye of bis maid, that it perish: he shall let him go free for his eye sake

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

Sect. 6. If a man steal a beast, and it be found in his hand, he shall make restitution two for one. If it be killed and sold, restitution is to be made, of five oxen for one, and of four sheep for one. Exod. 22. 1. 4. If a man steal an ox or a sheep, and kill it, or sell it: he shall restore five oxen for an ox, and four sheep for a sheep. If the theft be certainly found in his hand alive, whether ox, or asse, or sheep, he shall restore double.

If the thief be not able to make restitution, then he is to be sold by the Magistrate for a servant, till by his labor he may make due restitution. Exod. 22. 3. If the sun be risen upon him, there shall be blood shed for him: he should make full restitution, if he have nothing, then shall he be sold for his theft.

Sect. 7. If a Thief be found breaking up a house by night, and be slain, his smiter is guiltless. Exod. 22. 2. If a thief be found breaking up, and be smitten that he die: 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 public acknowledgment, as the slander was public. 2. By a mulct or fine of money, where the slander bringeth damage. 3. By stripes, if the slander be gross and odious, and against such persons whom a man ought to honor and cherish, whether they be his superiors, or in some degree of equality with himself, as his wife. Deut. 22. 17, 18, 19. And loe he hath given occasion of speech [against her] saying, I found not thy daughter a maid, yet these are the tokens of my daughters virginity: and they shall spread the clothe before the elders of the City. And the elders of the City shall take that man: and shall chastise him. And they may amerce him in an hundred [sheckels] of silver, and shall give to the father of the damsel, because he hath brought an evil name upon a virgin of Israel: and she shall be his wife, he may not put her her away all his days.

CHAP. IX. Of the trial of Causes, whether civil or criminal, and the execution of sentence.

SECT. 1. IN the trial of all causes, no judgment shall pass, but either upon confession of the party, or upon the testimony of two witnesses. Deut. 19. 4.

Sect. 2. Trial by Jurors shall not be denied, where either the Delinquent requireth it, in causes criminal; or the Plaintiff or Defendant in causes civil. Partly to preserve the liberty of the people, and partly to prevent suspicion of partiality of any Magistrate in the Court.

Sect. 3. The Jurors are not to be chosen by any Magistrates, or Officers, but by the free Burgesses of each Town. Especially out of such Town, as can give best light to the causes depending in Court, and who are least obnoxious to suspicion of partiality: And the Jurors so chosen, to be nominated to the Court, and to attend the service of the Court.

Sect. 4. The sentence of Judgment, upon criminal causes and persons, shall be executed in the presence of the Magistrates, or some of them at the least. Deut. 25. 2.

Sect. 5. Stripes are not to be inflicted, but where the crime of the offender is accompanied with childish or brutish folly, or with rude filthiness, or with stubborn insolency, or with beastly cruelty, or with idle vagrancy. But when stripes are due, not above forty are to be inflicted. Deut. 25. 3.

Sect. 6. No free man (whether free Burgess, or free inhabitant) to be imprisoned, but either upon conviction, or at least probable suspicion of some crime formerly mentioned, and the cause of his imprisonment to be declared, and tried at the next Court following at furthest. 2 Sam. 23. 3.

CHAP. X. Of causes criminal between our people and foreign Nations.

Sect. 1. IN case any of our people should do wrong to men of another Nation, upon complaint made to the Governor, or some other of the Council or Assistants, the fact is diligently to be inquired into; and being found to be true, full restitution is to be made out of the goods of the offender (as the case shall require) and the offender himself to be severely punished, according to the quality of the crime. Mat. 7. 12. Therefore all things whatsoever ye would that men should do to you, do ye even so to them; for this is the law and the Prophets.

Sect. 2. In case the people of another Nation have done any wrong to any of ours, right is first to be demanded of the Governor of that people, and justice upon the Malefactor, which if it be granted and performed, 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: they were wont to speak in old time, saying, they shall surely ask counsel at Abel, and so they ended [the matter. ]

Sect. 3. If right of justice be denied, and it will not stand with the honor of God, and safety of our Nation that the wrong be passed over, then war is to be denounced and undertaken. Deut. 22. 12, 13. But if it will make no peace with thee, but will make war with thee: 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 edge of the sword.

Sect. 4. Some Minister is to be set forth to go along with the Army for their instruction and encouragement. Deut. 20. 1, 2, 3, 4. And it shall be, when ye are come nigh unto the battle; then the Priest shall approach and speak unto the people.

And he shall say to them, Hear ô Israel, ye are approaching this day unto battle against your enemies: let not the heart of any of you be tender, fear not, nor be solitous, neither be ye terrified because of them.

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

Sect. 5. Men betrothed and not married, or newly married; and such as have newly built or planted, and not reaped the fruit of their labors: and such as are faint-hearted, are not to be pressed or forced against their wills to go forth to war. Deut. 20. 5, 6, 7, 8. And the Officers shall speak to to the people, saying: what man [is there] that hath built a new house, and hath not dedicated it? let him go, and return to his house; lest he die in the battle, and another man dedicate it.

And what man [is there] that hath planted a vineyard, and hath not eaten of it? let him go and return to his house: lest he die in the battle, and another man eat of it.

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

And the Officers shall speak further to the people: and they shall say, what man [is there] that is fearful, and faint-hearted? let him go, and return to his house; lest his brethren's heart faint, as well as his heart.

Deut. 24, 5. When a man taketh a new wife, be shall not go forth with the army, nor be charged with any business: he shall be free at home one year, and shall cheer up his wife which he hath taken.

Sect. 6. Captains are to be chosen by the Officers. Deut. 20. 9. And it shall be, when the Officers have made an end of speaking to the people: they shall make Captains of the Armies to lead the people.

Sect 7 All wickedness is to be removed out of the Camp by severe discipline. Deut. 23 9. 12, 13, 14. When the host goeth forth to war against thine enemies; then keep thyself, from every wicked thing.

And there shall be a place for thee, without the Camp: and thou shalt go thither, abroad.

And thou shalt have a paddle upon thy weapon: and it shall be, when thou wilt ease thyself abroad, thou shalt dignity therewith, and shalt turn back, and cover that which cometh from thee.

For Jehovah thy God walketh in the midoest of thy Camp, to deliver thee, and to give up thine enemies before thee, therefore shall thy Camp be holy: that he may not see in thee the nakedness of anything, and turn away from thee.

Sect. 8. Aide in war from men of a corrupt and false religion is not to be accepted, much less sought for. 2 Chron. 25. 7, 8. But there came a man of God to him, saying, O King, let not the army of Israel go with thee: for Jehovah [is] not with Israel [to wit] all the children of Ephraim.

But if to go thou [determine], make thyself strong for the battle: God will make thee fall before the enemy, for God hath power, to help and to cast down.

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

Sect. 10. Fruit-trees, that may be of use for meat to our own Soldiers, are not to be cut down or destroyed, and consequently not corn. Deut. 20. 19, 20. When thou shalt besiege a City many days, in making war against it to take it, thou shalt not destroy the trees thereof by forcing an axe against them, for thou mayest eat 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 meat, that thou mayest destroy and cut down: that thou mayest build a bulworke against the City that is making war with thee, until thou hast subdued it.

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

Sect. 12. A tribute from both is to be levied to the Lord, and given to the treasury of the Church. A fiftieth part out of the Common-wealths part; and a five hundredth part out of the part of the Soldiers. Numb. 31. 28, 29, 47. And levy a tribute for Jehovah, of the men of war that went out to war, one soul of five hundred: both of the persons, and of the beeves, and of the asses, and of the sheep.

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

Even of the children of Israel's half, Moses took, one portion of fifty, of the men and of the beasts; and gave them to the Levites, that keep the charge of the Tabernacle of Jehovah, as Jehovah commanded Moses.

Sect. 13. If all the Soldiers return back again in peace, not one lacking; It is acceptable to the Lord, if they offer, over and above their tribute, a voluntary oblation to the treasury of the Church: For a memorial of the redemption of their lives, by the special providence and salvation of the Lord of Hosts.

Numb. 31. 48, 49, 50. And the Officers which were over the thousands of the host, the Captains of thousands, and Captains of hundreds, came near unto Moses.

And they said unto Moses, thy servants have taken the sum of the men of war that are under our charge; and there lacketh not one of us.

We have therefore brought an oblation for the LORD, everyone that hath found a vessel of gold, a chain and bracelet, a ring, an ear-ring or tablet: to make an atonement for our souls before Jehovah.

And Moses and Eleazar the Priest took the gold of them: every wrought vessel.