Page 47
What is the Office of a Souldier?
A Souldier is a Magistrate as well as any other Officer, and indeed all State Officers are Souldiers for they represent power, and if there were not power in the hand of Officers, the spirit of rudeness would not be obedient to any Law or Government, but their own wils.
Therefore every year shal be chosen a Souldier, like unto a Marshal of a Ci∣ty, and being the chief he shall have divers Souldiers under him at his com∣mand, to assist in case of need.
The work of a Souldier in times of Peace, is, to fetch in Offenders, and to bring them before either Officer or Courts, and to be a protection to the Of∣ficers against all disturbances.
The Souldier is not to do any thing without Order from the Officers; but when he hath an Order then he is to act accordingly; and he is to receive Orders from the Judges Court, or from the Peace-makers Court, or from Over-seers as need shall require.
If a Souldier hath brought an Offender before a Peace-maker, and if the Offender will not be subject to the Law by his perswasion, and the Peace∣maker send him to the Judges Court, if the offence be under matters of death, the offender shal not be imprisoned in the mean time; But the Peace-maker shal command him to appear before the Judges Court at the time appointed, and the Offender shall promise to obey: and this shal be for two Reasons.
First to prevent cruelty of Prisons. Secondly, in the time of his binding over he may remember himself, and amend his wayes, and by testimony of his own actions and neighbours reports, his sentence may be mitigated by the Judge; for it is amendment not destruction that Common-wealths Law requires.
And if this Offender run away from that Country to another, and so both disobey the Peace-makers command, and break his own promise of appea∣rance; then shall the Souldiers be sent forth into all places to search for him, and if they catch him, they should bring him before the Judge, who shall pronounce sentence of death upon him without mercy.
And if any protect him or shelter him, after hue and cry is made after him, all such protectors shal suffer the losse of Freedome for twelve moneths time, as is shewed hereafter what that is.
But if the offence should be matter of death, then the Peace-maker shal take no promise from him for his appearance, but let the Souldier carry him to Prison, till the next Judges Court sits where he shall have his Tryall.