An Abstract of Laws and Government, Title page – To the reader
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 into the enſuing Method, by that Godly, Grave, and Judicious Divine, Mr. JOHN COTTON, of Boſton in New-England, in his Life-time, and preſented to the generall Court of the Maſſachuſets. And now publiſhed after his death, by William Aſpinwall.
Iſa. 33. 22. Jehovah is our Judge, Jehovah is our Law-giver, Jehovah is our King, he will ſave us.
LONDON, Printed by M. S. for Livewel Chapman, and are to be ſold at the Crown in Popeſ-head Alley, 1655.
To the Reader.
Gentle Reader,
I Have here preſented thee with an Abſtract of Laws and Government, collected out of the Scriptures, & digeſted into this method, by that godly, grave, and judicious Divine, Mr. John Cotton, accomodated to the Colonie of the Maſſachuſets in New England, and commended to the generall Court there. Which had they then had the heart to have received, it might have been better both with them there, and us here, then now it is. Concerning which Modell, I dare not pronounce, that it is without imperfection in every particular: Yet this I dare be bold to ſay, that it farre ſurpaſſeth all the Municipall Laws and Statutes of any of the Gentile Nations or Corporations under the cope of Heaven. Wherefore I thought it not unmeet to publiſh it to the view of all, for the common good. If any thing be wanting in the Copie, let it not be imputed unto the Author, who (had his labour found deſerved acceptance) would undoubtedly have made a more through ſearch, and perfect explanation of all the rules and lawes of judgement and juſtice, ſcattered here and there, throughout the books of Moſes, and other Scriptures. Which had he perfected in his life-time, might have redounded to the univerſall good of all the Nations that acknowledge the Kingly office of our Lord Jeſus. For though the great ones of the world, who covet to graſpe more power into their hands then Chriſt ever betruſted them withall, are ready to aſperſe the poore Saints of Chriſt, which waite for the coming of his Kingdome, as if they were a company of giddy heads, and unſtable, ſuch as are either averſe to all Government, or know not what Government they would have; yet the truth is, they know well what Government they would have; and (might they be encouraged and countenanced) are able to give a cleer demonſtration thereof from the Scriptures of truth, both what the Laws thereof be, and what manner of Officers of all ſorts, from the higheſt to the loweſt, which I doubt not but ſome of them will take opportunity to doe according to the holy will and word of Chriſt. So as if any thing be yet wanting in this which I here preſent thee withal, they will make a ſupplement thereof in due time.
In the mean while accept of this, which is worthy thy conſideration, and doth containe the very marrow and ſumme of all or moſt of thoſe Lawes, which Jeſus Chriſt, the eternall wiſdome of the Father, thought neceſſary for the adminiſtration of his Kingdome in righteouſneſſe and peace. And if thou poſſibly meeteſt with ſome rules, to which no Scriptures are annexed for proofe (as in the ſecond and third Chapters, and ſome Sections in the fourth, fifth, and ninth Chapters) conſider, that thoſe are not properly Laws, but prudentiall Rules, which he commended to that Colony, to be ratified with the common aſſent of the free-men in each Towne, or by their Repreſentatives in the generall Court, as publique Contracts. Which being once made and aſſented to for their owne convenience, do binde as Covenants do, untill by like publicke conſent they be abrogated and made voyd. For though the Author attribute the word [Law] unto ſome of them; yet, that it was not his meaning they ſhould be enacted as Lawes (if you take the word Law in a proper ſenſe) appears by his concluſion, taken out of Iſa. 33. 22. The Lord is our Judge, the Lord is our Law-giver, the Lord is our King, he will ſave us. Amen. Hee knew full well that it would be an intrenchment upon the Royall power of Jeſus Chriſt, for them or any other of the ſonnes of Adam, to ordaine Lawes: And indeed Lawes of righteouſneſſe (ſuch as Chriſts lawes be) have theſe three incommunicable properties.
1. They are unvariable, and bind all perſons in all ages, and in all Nations.
2. They are undiſpenſable by any created powers.
3. They bind not only the outward man to obedience, but alſo the ſpirit and conſcience. None of which can be ſpoken of any humane Lawes or Conſtitutions whatſoever. Wherefore, when thou meeteſt with ſuch an expreſſion (calling ſuch prudentiall rules and Contracts by the name Law) interpret it candidly. Becauſe ſuch agreements being once made by mutuall conſent, the Covenantees are obliged by the law of righteouſneſſe, to make good their agreements, untill they he reverſed by the like common conſent for a publique good, which in all prudentiall Contracts and Covenants may lawfully be done. For cujus eſt inſtituere, ejus eſt deſtituere.
Poſſibly thou mayeſt meet with ſome particulars, which may not be fully cleared to thine apprehenſion, as in Chap. 20. Sect. 12. 18. 20. But in that caſe, have recourſe to the word of God it ſelfe, whereunto the Author doth faithfully lead thee, and would have thee receive nothing from him, but what agrees therewith. And if any thing may poſſibly be thought to be omitted (as who can ſee all things *Uno intuitu.at once) let thine ingenuity make diligent ſearch, and ſupply what the Author in his life time had not opportunity to perfect. And be perſwaded this to doe; Weigh the Lawes here collected, I meane the Scriptures themſelves, which yeeld right rules of judgement in all cauſes both Civill and Criminall; and judge equally and impartially, whether there be any lawes in any State in the world, ſo juſt and equall as theſe be. Which were they duely attended unto; would undoubtedly preſerve inviolable, the liberty of the Subject, againſt all tyrannicall and uſurping powers.
The perfection of theſe Lawes may appeare from hence; that though they be but few, yet are they ſuch as reach to all perſons, nations, and times, and are a perfect Standard to admeaſure all Judiciall actions and cauſes, whether Civill or Criminall, by Sea or by Land.
The impartiality of theſe Lawes appeares in this, that there is no reſpect of perſons in judgement, whether they be poor, or whether they be rich.
And thirdly, the conſideration of the Author of theſe Lawes might be a ſufficient argument to commend them unto us, to wit, Jeſus Chriſt the eternall wiſdome of the Father, he is our Law-giver: And he had no ſecret deſigne to reare up an externall glorious pompous government for himſelfe or his Vice-gerents and Subſtitutes, but to preſerve his people in a ſtate of holineſſe, righteouſneſſe, and peace. Neither did he attaine this dignity by the blood and treaſure of his Subjects; but he layd downe his owne life, and ſhed his deareſt blood to purchaſe and procure this liberty for them. Oh! who would not be in love with ſuch Laws, and ſuch a Soveraign?
Queſt:If it be ſaid, but what may be done to attain this?
Anſw.I anſwer; It is not my purpoſe to perſwade this, or any other Nation (were they willing to heare) to enact or ratifie theſe by any power of their owne (in a ſolemn convention of their Repreſentatives) as Laws: Neither do I believe it was the Authors intention ſo to do, when he drew up this Modell. For alas, what energie or vertue can ſuch an act of a companie of poore ſinfull creatures adde unto the moſt perfect and wholſome lawes of God? It is enough for us, and indeed it is all that can be done by any people upon earth,
1. To declare by their Repreſentatives, their voluntary ſubjection unto them, as unto the lawes of the Lord their God.
2. After ſuch profeſſed ſubjection, to fall unto the practice thereof, in the name and ſtrength of Chriſt their King and Law-giver. According as it is written, Deut. 5. 27, 28, 29. All that Jehovah our God ſhall ſpeak unto thee, we will both hear and do. And Jehovah heard the voyce of your words, when ye ſpake unto mee: And Jehovah ſayd unto mee, I have heard the voyce of the words of this people, which they have ſpoken unto thee, they have done well [in] all that they have ſpoken. Who will give to them, that this may be their heart, to feare me, and to keep all my commandements all dayes, that it may be well with them, and with their ſons for ever.
This Abſtract may ſerve for this uſe principally (which I conceive was the maine ſcope of that good man, who was the Author of it) to ſhew the compleat ſufficiency of the word of God alone, to direct his people in judgement of all cauſes, both Civill and criminall, as wee are wonted to diſtinguiſh them. Which being by him done, and with all ſweetneſſe and amiableneſſe of ſpirit tendered (but not accepted) he ſurceaſed to preſſe it any further at that ſeaſon, knowing full well that the Lords people ſhall be a willing people in the day of his power. But the truth is, both they and we, and other the Gentile Nations, are loth to be perſwaded to dwell in the Tents of Shem, and to lay aſide our olde earthly formes of government, to ſubmit to the government of Chriſt. Nor ſhall wee Gentiles be willing (I feare) to take up his yoke which is eaſie, and burthen light, untill he hath broken us under the hard and heavy yokes of men, and thereby weaned us from all our old formes and cuſtomes. The principall Remoraes and lets whereof I conceive to be in Courtiers and Lawyers: For ſhould Chriſts Kingdome be erected indeed, it would croſſe the luſts and luſter of externall pomp and glory of the one, and the Mammon of unrighteouſneſſe of the other. So that there will be a neceſſity, that the little ſtone cut out of the mountaine without hands ſhould cruſh and breake theſe obſtacles, ere the way can be prepared for erecting his Kingdome, wherein dwells righteouſneſſe. And verily great will be the benefit of this Kingdome of CHRIST, when it ſhall be ſubmitted unto by the Nations, for then righteouſneſſe and peace will kiſſe each other, Pſalm 95. 10. And God will extend peace as a River, and the glory of the Gentiles as a flowing ſtreame, Iſa 66. 12. All burdens and tyrannicall exactions will be removed, Iſa. 60. 17. God will make their Officers peace, and their Exactors righteouſneſſe. And then it will be no difficult matter to ſpare many hundred thouſand pounds per annum, in ſo great and populous Nations as theſe be, without neglecting the publique tranquility of the State, and the ſecurity of the ſame by a powerfull Militia both at Land and Sea, ſo long as the neceſſity of the Nations may require. But the ſeaſon is not yet full come for theſe things, and there yet remaines ſome of the ſufferings of Christ to be fulfilled in the Saints, and judgements upon his and their Enemies. Wherefore I ſhall ceaſe to ſay any more hereof at this time, and commend all theſe things to thy wiſe conſideration. And the Lord give thee vnderſtanding in all things, which is the hearty prayer of him that wiſheth all health and happineſs to thee, and peace upon all the Iſrael of God,
Will: Aſpinwall,