An abstract of laws and government wherein as in a mirrour may be seen the wisdome & perfection of the government of Christs kingdome accomodable to any state or form of government in the world that is not antichristian or tyrannicall / collected and digested ... by John Cotton ... ; and now published after his death by William Aspinall.

CHAP. IX. Of the tryall of Causes, whether civill or crimi∣nall, and the execution of sentence.

SECT. 1. IN the tryall of all causes, no judgment shall passe, but ei∣ther upon confession of the party, or upon the testimony of two witnesses. Deut. 19. 4.

One witnesse shall not rise up against a man, for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.

Deut. 17. 6.

At the mouth of two witnesses, or three wit∣nesses, shall he that is worthy of death be put to death: he shall not dye at the mouth of one witnesse.

Sect. 2. Tryall by Jurors shall not be denyed, where ei∣ther the Delinquent requireth it, in causes criminall; or the Plaintiff or Defendant in causes civill. Partly to preserve the liberty of the people, and partly to prevent suspition of par∣tiality of any Magistrate in the Court.

Sect. 3. The Jurors are not to be chosen by any Magi∣strates, or Officers, but by the free Burgesses of each Towne. Especially out of such Towne, as can give best light to the causes depending in Court, and who are least obnoxious to

suspition of partiality: And the Jurors so chosen, to be no∣minated to the Court, and to attend the service of the Court.

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

And it shall be, if the wicked man be worthy to be beaten; that the Judge shall cause him to lye downe, and to be bea∣ten before his face, according to his fault, by a cetain num∣ber.

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

Forty stripes he may give him, and not exceed: lest [if] he should exceed and beate him above these with b many stripes, then thy brother should seem vile unto thee.

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

He that ruleth over men [must be] just, ruling in the feare of God.

Deut. 25. 43. 46.

Thou shalt not rule over him with rigour: but shalt fear thy God.

But over your bre∣thren the children of Israel, one over his brother, ye shall not rule with rigour.

According to the manner of the Aegyptians,

Exod. 1. 13, 14.

who made the children of Israel to serve with rigour.

And they made their lives bitter unto them with hard bondage, &c.

Notes

• b

  Heb. a great striking.