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A84352 The Christian Commonvvealth: or, The civil policy of the rising kingdom of Jesus Christ. Written before the interruption of the government, by Mr. John Eliot, teacher of the Church of Christ at Roxbury in New-England. And now published (after his consent given) by a server of the season. Eliot, John, 1604-1690. 1659 (1659) Wing E504; Thomason E1001_10; ESTC R207846 29,052 58

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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