Courts of the Superiour order have power to judge all capital Cases whatsoever The Court of one Myriade hath also power to judge any Cause betwixt the Rulers of the thousands of that Myriade who are not to judge in the Court when their own Case is judged Difficult Cases they transmit and Appeals they bind over to the Court of five Myriades if there be such a Court betwixt them and the Supreme Council otherwise they transmit them to the Council The Causes which properly belong to the Court of five Myriades are such as fall out betwixt parties of the several Myriades under them I will ascend no higher in describing the Courts of the Superiour order party because Gods Method is plain and also it will be rarely of use in any Commonwealth especially considering that which I farther propound Namely seeing God himself was pleased to appoint a Prince a chief Ruler over every Tribe in Israel who were distinguished by that civil distinction of kindreds By proportion thereunto in populous Nations where there be other civil distinctions of societies and cohabitations of men viz. by Cities Provinces Countries c. should not they chuse a Prince a chief Ruler of those several Precincts of civil society Whose Office is chiefly to take care of the good Government firstly of all the Superiour Rulers under him as also of all the rest as he hath opportunity that the Lord may rule among them Likewise to hold a Court consisting either of the Rulers of Myriades or of five Myriades or of ten Myriades or of an hundred Myriades according to the greatness of the people in his Precincts This Court to be called the Court of the Prince or Lord or chief Ruler of such a Precinct and to be next unto the Supreme Council from which Court onely difficult Cases and Appeals have access to the Supreme Council and to which they remit the determinations of the Cause to receive its judgement Lest the Supreme Council be oppressed with business from so many Courts and thereby the people with delays of hearing and issue occasioned thereby It seemeth to be right Orders and according to Gods institution that these Princes of the several Tribes or Societies of men should be members of the Supreme Council The whole Dominion being distributed unto the Supreme Counsellours or to so many of them as may be meet For the Princes of the Tribes of Israel it seemeth to me were members of the Sanhedrim or Supreme Council because God commanded that they should be chosen very carefully from among the Elders of the people Hence they will chuse the most choice of their Elders to send up with Moses to stand before God Now they could not chuse better fitter and men more acceptable to God out of all their Elders then those whom God himself had chosen by name to be Princes of the Tribes Besides it is exceedingly harmonious in the frame of this Government that it should be so for though whoever of the other Elders whether of the single or Superiour Order be chosen to the Supreme Council it may seem requisite they should leave the lower station lest when Appeals have passed in the circuit of Gods Government and come to the highest Council there should be sundry of them through whose judgement the Cause had formerly passed which may prove prejudicial both to their persons and to the Cause But when it hath lastly passed through the Court of the Prince of the Tribe meet it is that one of the last Court through which it passed should be present in the Supreme Council to give true information how they lastly after all former Tryals did find the Cause But this is to be observed in the distribution of the whole Dominion to the several Supreme Counsellours that no such civil Dominion is to be put upon or accepted by such Elders of Churches as are Members of the high Council as being such whose only Office and Work is to search the holy Scriptures and give all attendance to declare the Divine Oracle of God in such Cases as are in hand of what nature soever they be yea and if the Council see need to call Eccesiastical Councils greater or lesser to search out the mind of Christ for his presence and blessing is in every Ordinance and all joyntly conspire the advancement of his Kingdom and the doing of his will The Election of all Superiour Rulers is to be after the same manner as in the single form viz. by all the people * Or orders of men over whom they are to rule Some of the Princes of the Tribes of Israel may seem to be Rulers of fifty thousands or of five Orders of Myriades yet the Office of the Princes was not onely under that notion but also as an head of a civil society a kindred an eminent part a division of the Commonwealth for some of the Tribes had but four Myriades and some but three and therefore could not in that way and order have a Ruler of five Myriades Therefore they must needs be instituted under another consideration viz. as being the head or chief Ruler over an eminent part or division of the Commonwealth being civilly divided into such Societies CHAP. VIII SO much for the Platform of the Lords Government Now it remains to consider of the Laws by which these Rulers are to Govern the Lords people The written Word of God is the perfect Systeme or Frame of Laws to guide all the Moral actions of man either towards God or man the Application whereof to every Case according to its circumstances must be by the wisdom and discretion of the Judges guided by the light of the Scriptures and a pure Conscience The judgement and determination of a Cause is nothing else but the particular application of the Cause according to all its circumstances unto the Rule and Standard of Gods Word The Records of which judgements are equivalent to Humane Laws Which so far as the Case with all its circumstances considered is rightly applyed to the Rule of the Word is a deduct from Scripture and bindeth the Consciences both of Judges alway so to judge in the like case and the people so to walk Which Records to order wisely and publish for common instruction and edification is a work of great wisdom and tendeth much to Gods glory the good of the people and the facilitating and expediting justice among them All Strangers are â—o be accounted under the Government of those Orders where they reside and where their business lieth so as to have the benefit of the Government of the Lord as our own people have FINIS
holy Scriptures CHAP. IV. UPon the forenamed grounds of speedy Justice for the stablishing of firme peace all Causes betwixt man and man pertaining to the Congnizance of the Ruler of ten must be put upon Suit or Tryal within the space of one moneth b Lev. 19. 17. Thou shalt not suffer sin upon him Cases belonging to the Court of six must be put upon Suit or Tryal within the space of three moneths Causes belonging to the Court of three must be put upon Suit or Tryal within the space of nine moneths Causes belonging to the Court of eleven must be put upon Suit or Tryal in the space of one year and half or else to be frustrate and lose the priviledge of receiving judgement by man unless it appear that the providence of God did hinder or that the Defendant or Delinquent party did disappoint it in those cases it may be admitted to Tryal and receive Judgement though it be of a longer standing But Criminal Offences are to be judged at the time when and in the place where they be discovered and that with the most speed that may be Such Cases as are difficult weighty and worthy such attendance and cannot attain an acceptable issue in the Court where they firstly appertain may ascend from Court to Court either by Appeal or by Transmission to the Court of eleven And whatsoever Cause of weight cannot receive issue there may yet ascend either by Appeal or Transmission to the highest Council a Exod. 18. 22. Great matters they shall bring to thee 26. Hard matters they brought to Moses Deut. 17. 8 9. If there arise a matter too hard for thee c. thou shalt come to the Priests Levites and Judges that shall be in those days where by Gods appointment it must receive final determination b And thou shalt do according to the sentence c. Deut. 17. 10. In lesser Commonwealths where there be no Rulers or Courts of the Superiour order Cases ascend to the highest Council from the Court of eleven but where there be Rulers and Courts of the Superiour order there the Cause must ascend from the Court of eleven in the single Platform to the Court of one Myriade or the lowest Court in the Superiour order and so proceed until it come to the Supreme Council Every Appeal in this Platform of Government which the Lord hath instituted doth ascend to an higher Court and to other Judges There is one of the Judges from whom he appealeth a member of the Court to which he doth Appeal truly to inform the Court of the Reasons of their Judgement and but one lest they should sway overmuch and the Appealant want the priviledge of new and unprejudiced Judges Whosoever shall trouble the free passage of Justice in the ending of Causes through a perverse will or base ends or captious and quarrelsome wit besides the charges of such agitations he is worthy of some other medicine as may most effectually do him good and warn others In all Courts he that hath power to call the Court hath a double Vote as for example in the Court of Three if the Ruler of an hundred differ from the two Rulers of fifty the Court is equally divided if there be three Rulers of fifty and one of them concur with the Ruler of an hundred their sentence standeth When the Court is equally divided it is a difficult Case and must ascend to the Court next above them by Transmission or if the lesser part of the Court oppose the sentence of the Court as judging it sinful then it must ascend by Transmission If a Judge of any Court shall oppose the rest in point of sin without weighty and considerable grounds in the judgement of the Court whither it ascends or is transmitted his first offence shall be corrected with the charge of such transmission and admonition from the higher Court after offences in like kind are to be considered and judged by proportion to the process of Christ in the Church even unto rejection from his Place and Office The highest Council is to consist of a convenient number of the most holy and able men a Num. 11. 16. Whom thou knowest to be Elders of the people With Exod. 18. 21. Able men such as fear God men of truth hating covetousness orderly chosen for that purpose by all the orders of b Deut. 1. 13. Take ye wise men men under their jurisdiction every man in order having an equal voice therein from among all the Elders of the people both in the Commonwealth and in the Churches c Deut. 17. 9. And thou shalt come to the Priests Levites and Judges that shall be in those days and enquire and they shall shew thee c. 2 Chro. 19. 8. Moreover in Jerusalem did Jehosaphat set of the Levites and of the Priests and of the chief of the fathers in Israel for the judgement of the Lord and for controversie Deut. 21. 2. Then thy Elders and Judges shall come forth and shall measure c. ver 5. And the Priests the sons of Levi shall come neer and by their word shall every stroke and every controversie be tryed Deut. 19. 17. Both the men between whom the controversie is shall stand before the Lord before the Priests and Judges Ezek. 44. 24. And in controversie they shall stand in judgement and they shall judge it according to my judgement the biggest number being civil Elders d Numb 11. 16. Gather to me seventy men of the Elders of Israel Vide Ainsw in Loc. Hence the Hebrews gather that they were chose out of all the Tribes and therefore there was not less then five of a Tribe and so many of Levi who before the institution of the Sanhedrim were taken of God instead of the first born to be Priests unto God for they were taken to be Priests at Sinai Numb 3. 14. And this institution was at Kibroth-hattaavah Numb 11. 34. with Numb 31. 15 16 17. The Lord commanded Moses that seventy Elders should stand with him before the Lord hence there were seventy one of the Council and Moses was the chief and ordained the rest According to which patern the people are to chuse their chief Ruler first who being installed by some instead of the whole people must instal the rest and is chief Ruler of the Supreme Council who must call and manage their Assemblies As the overburdensomness of the work of Government by one man was the ground of the institution of the forenamed orders of Government so the overburdensomness of the work for one man to hear all hard Cases and Appeals together with other Cares to provide for the welfare of the people was the ground of the institution of the Supreme Council a Deut. 1. 9. I spake to you and said I am not able to bear you alone Numb 11. 11. ad 16. ver 11. And Moses said unto the Lord Wherefore hast thou afflicted thy servant and
Also Cases betwixt parties of several thousands belong to this Court at the choice of the Plaintiff in which Court of eleven either that which himself doth belong to or that which his Adversary is under But this consideration doth belong to lesser Commonwealths where they have no Governour of the Superiour order and yet more then one Ruler of a thousand This Court hath power to hear and judge all Causes brought before them declare and pronounce the sentence of Scripture in all mulcts and punishments even death it self and see them executed Also to pronounce and see executed all such sentences as the Supreme Council doth determine and remit unto them Namely thus it is in lesser Commonwealths where there be no Courts of the Superiour order difficult Cases they must transmit to the highest Council and bind over Appeals unto them where there be no Courts of the Superiour order betwixt the Supreme Council and them The Office of the Supreme Council is to see that all the Rulers of thousands yea all Rulers and Officers of all orders and degrees do their Office and Duty faithfully and to receive difficult Cases and Appeals from the Court of eleven to search the Scriptures with all faithfulness to find out the pure mind of God impartially and sincerely to apply the Cause propounded thereunto to declare the will of God in the Case and so return it to the Court of eleven whereto it appertaineth there to receive judgement accordingly And whosoever will do presumptuously and not hearken unto that sentence shall be put to death Deut. 17. 11 12. In the single Platform the Court of eleven is next to the Supreme Council for transmission and remission of Causes but where there be Courts of the Superiour order it is not so Also they are to declare the Counsel and Will of God touching War and Peace and accordingly transmit the work to such of the Rulers as they judge most meet to accomplish the same Also to take care for and provide means for Publick welfare and subsistence by Trading both Foraign and Domestick Fishing Tillage c. with all other necessary and useful Occupations Especially they are to take care for peace and truth in Religion in all the Churches and among all the people and the propagation also thereof As also the furtherance of all good learning in all the Liberal Arts and Sciences The Supreme Council and all Courts yea and all Rulers have power to bind Offenders and Persons concerned to appear or prosecute in due order and season punish for offences in that kind and if need be commit to prison for security If Rulers offend either morally or politically by rigor partiality or remisness his or their next Superiours have power to correct such evils according to the Word of God and as need may be the Case may orderly ascend from Court to Court even to the highest Council Heresie Blasphemy and other gross especially if capital sins are just cause in due order of deposition from his Office by the Supreme Council the Cause coming to them either by orderly ascent or taken in immediately as a notorious scandal which calleth for speedy remedy CHAP. VII SO much for the single Platform of Christ his Government now followeth the Superiour arising out of the first When the Lord shall bow the hearts of great Nations to embrace this form of Government there being populous Cities Provinces and Countries where the Rulers of thousands will be greatly multiplied and Causes frequently fall out betwixt parties of several thousands yea and betwixt the Rulers of thousands sometimes being so numerous insomuch that the Supreme Council will be overburdened even as Moses was Hence there will be a necessity of erecting the Superiour platform of the Lords Government which by proportion unto the single Platforme which is more fully exprest in Scripture doth arise from it and is builded upon it Namely that every ten orders of thousands should chuse a Ruler of ten thousand or a Myriade and five orders of Myriades a Ruler of fifty thousand or five Myriades and two orders of five Myriades should chuse a Ruler of an hundred thousand or ten Myriades and ten orders of an heundred thousands or ten Myriades should chuse a Ruler of a thousand thousand or an hundred Myriades or a Million I am led to believe that this Superiour order of Rulers is a Divine institution not only by consequence of proportion to the single Platform but expresly and that it was practised by Moses in Israel namely that ten Rulers of thousands had a Ruler over them of ten thousands or of a Myriade and that the order of Myriades or ten thousands were as duly orderly observed as the orders of thousands were For Numb 10. 36. when they rested from their marching Moses blessed them and said Return O Lord to the Myriades of the thousands of Israel therefore there were orders of Myriades as well as of thousands Furthermore it is expresly said by Moses in his song Deut. 33. 2. The Lord came from Sinai namely where the order of Government was first instituted and he came with myriades of Saints Therefore orders of Myriades were instituted and acted from the first foundation of this Government Likewise Deut. 33. 17. he speaketh of the orders of Myriades among the Tribes as familiarly observable as the orders of thousands So that we may see this Superiour order and platform of Government observed in Israel and expressed in the holy Scriptures The Ruler of a Myriade hath this eminency above a Ruler often in the single Platform that all his ten whom he immediately ruleth are eminent Rulers Hence they are an Assembly of Judges and a Court for number every way proportionable to the Court of eleven but for eminency and distinction they are more properly called the Court of one Myriade The Ruler of fifty thousand or five Myriades holdeth a Court for number proportionable to the Court of six in the single Platform but for eminency and distinction they are more properly called the Court of five Myriades The Ruler of an hundred thousand or ten Myriades holdeth a Court for number proportionable to the Court of three in the single Platform but for eminency and distinction it is more properly called the Court of ten Myriades The Ruler of a thousand thousand or an hundred Myriades holdeth a Court for number proportionable to the Court of eleven but for eminency and distinction it is more properly called the Court of one hundred Myriades The times or seasons Officers or other means for the most effectual ordering of these Courts will be most fitly discerned and agreed by such a people as may have use of them The Causes which most properly belong to the Court of one Myriade are such as fall out betwixt parties of their several thousands as also difficult Cases transmitted from the Court of eleven and Appeals from them Also all such Cases as concern the Publick good of all under them All
their next Superiours and so unto the highest b Deut. 1. 17. The case that is too hard for you bring it unto me Council if need be For the Council is in ordinary dispensation in Moses stead and the Scriptures are the Mouth of God at which they must enquire and by the guidance thereof determine of all Cases so far as the Lord giveth light and until the mind of God be known the Case must stay whatever it be c Num. 15. 34. And they put him in ward because it was not declared what should be done unto him Numb 9. 8. Stand still and I will hear what the Lord will command concerning you CHAP. III. THe Lord hath given this Commandment in the ordering of his Government that judgment should be executed speedily a Ezra 7. 26. Let judgment be executed speedily upon them Eccles 8. 11. Because sentence against an evil work is not executed speedily therefore the heart of the sons of men is fully set in them to do evil and also that it should be managed with the greatest respect to the ease both of the Governours and People b Exod. 18. 17 18 22 23. This thing is not good thou wilt surely wear away both thou and this people that is with thee ver 22. So shall it be easier ver 13. Thou shalt be able to endure and all the people shall go to their place in peace viz. having judgement among themselves in their own Quarters and places of abode and not be troubled to come to the chief Court with every cause But particular times means and other circumstances the Lord hath not particularly commanded c Exod. 18. 22. Let them judge the people at all seasons Hence it is left unto the wisdom of the Rulers to order time means and other circumstances for the best and most effectual attainment of the forementioned speedy and easie determination and execution of Judgement in all Cases whatsoever and in all places Cities or Towns where the people dwell a Exod. 18. 23. All the people shall go to their own place in peace Hence again it well accordeth with Gods institution that every order do co-habit together b Deut. 1. 15. I took the chief of your Tribes and made them heads over you as neer as may be because that doth tend to facilitate both the watch and work of the Lords Government Hence also limits of place c Deut. 21. 2 3. Thy Elders and Judges shall measure unto the Cities about and the City which is next unto the slain man Deut. 16. 18. Judges shalt thou make in all thy gates throughout thy Tribes in a general observation with allowance to some particular exception as prudence and piety may require may be useful to attain this end Hence again if any shall remove his habitation to a more remote place meet it is that he do change his Rulers by chusing a Ruler of ten in the place whither he goeth to dwell and hence it is meet that such removings and changes be made by a due approbation of the Rulers whence he goeth and with the acceptance of those to whom he removeth lest by such unstable changes as some may affect they may slip out from under the Government of the Lord at least from under the watch and use thereof though from the right thereof they cannot because it is a general command to honour thy Father and thy Mother and lest by the confluence of unruly persons to a place more remisly governed the Government of the Lord should be undermined and scandalized Because sin will grow apace like ill weeds if it be not always watched and often weeded out and fire of strife will soon flame out if it be not speedily suppressed and quenched and it edifieth many ways that justice should be speedily done especially it promoteth peace and piety Hence it is meet that Rulers of ten appoint one day in a week solemnly to hear and determine Causes and guide the common Affairs of his ten for the more orderly easie and speedy proceeding of justice and peace which are facilitated and expedited by a stated and appointed time a Exod. 18. 26. They judged the people at all seasons 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doth frequently in Scripture signifie a stated time Again it is meet that the Ruler of fifty keep the Court of six consisting of five Rulers of ten and himself the Ruler of them once in a moneth for the more solemn proceeding of Justice Appeals if need be because the higher Cases ascend the more solemnity is in them b Exod. 18. 22. Every great matter they shall bring unto thee and need the more time and deliberation I call these a Court because they are an Assembly of Judges among whom God promiseth to stand c Psal 82. 1. Six is the lowest number of this Court but they may be more according as the orders of ten be more under a Ruler of fifty but they cannot exceed ten because a Ruler of fifty cannot by Gods institution have more then nine orders of ten under him Again it is meet that the Ruler of an hundred keep the Court of three consisting of two Rulers of fifty and himself the Ruler of them four times in the year upon the former grounds Three is the lowest number of this Court and it cannot exceed four because by Gods institution he cannot have more then three orders of fifty under him Again it is meet that the Ruler of a thousand keep the Court of eleven consisting of ten Rulers of an hundred and himself the Ruler of them twice in a year and here judgement runneth with greatest Solemnity and Majesty I say Greatest in the single platform Eleven is the lowest number of this Court but there may be more according as the orders of an hundred under him be multiplied but they cannot exceed twenty because he cannot have above nineteen orders of an hundred under him It is necessary that every Court have such Officers a Deut. 16. 18. Judges and Officers shalt thou make Vide Ainsworth in Loc. to attend as are necessary to accomplish and execute those ends for which the Lord hath instituted those Courts because the appointment of the end doth command all means requisite for the attainment of that end being such as accords with Justice and Prudence It is also necessary to have persons a Lev. 24. 12. Num. 15 34. They put him in ward and all other Instruments for the inflicting of all kindes of Punishments which the Law of God appointeth But touching the several Punishments of Cost Shame or Smart and touching the several ways of putting to Death by Stoning Burning Strangling or by the Sword as also touching Banishment I am here silent They more properly appearing in the handling of such Laws which do inflict several punishments according to the demerit of the sin or use of terrour unto others proportioning them to the Standard in the