Judicial laws are such as concern inheritances, lands, bargains, controversies, causes criminal; and they pertain to the §30regiment of the Commonwealth. If the Commonwealth of the Jews were now standing, they should be governed by these laws. For to them were they given. The case is not like with us. Some are of mind, that all Judicial laws are abrogated: and some are of contrary mind, that all Commonwealths are to be governed by them. But they are both deceived: and §35the mean between both, is the truth. Know then that of Judicial laws of Moses, some are abrogated, some are not, Such laws as are merely Judicial, that is, judicial and not moral, and do particularly concern the nation of the Jews, the land ⟨p. 232⟩of Canaan, the times before Christ, the things of the old Testament, are abrogated. Of this kind is the law that commands the brother to raise up seed to his brother. Deut. 25. 5. The law of Tenths is partly ceremonial, and partly judicial, and specially concerns the land of Canaan. For as countries are richer or §5poorer then Canaan, so must their allowance to the Ministry be more or less. The sevenths, the eights, the ninths, the elevenths, the twelfths, and not the tenths. And the allowance of Tenths, stands not in force in this & other Commonwealths by the Judicial law of God, but by positive laws of countries. §10For if it did, then Ministers should not meddle with their Tenths, either for the gathering, or for the disposing of them, but they should be brought into storehouses by certain overseers, and they should dispose of them according to the need of every Minister. 2. Chron. 31. Malac. 3. The law that the §15thief must either restore fourfold, or be a bondman, concerns Canaan, and those countries. In Europe, (specially in the Northern and Western parts,) a straighter law is required. For the people are much given to idleness, and consequently to robbing: and they are of fierce disposition, and therefore with §20theft join violence, and disturbance of the common peace. And for this cause (excepting in some cases) theft is punished with death. And this must not seem hard. For even the Jews, when the theft was aggravated with other circumstances, might punish it with death. 2. Sam. 12. 6. And it is in the power §25of the Magistrate, when sins are increased, to increase the punishment.
Iudiciall lawes are such as concerne inheritances, lands, bargaines, controuersies, causes criminall; and they pertaine to the §30regiment of the Commonwealth. If the Commonwealth of the Iewes were now standing, they should be gouerned by these lawes. For to them were they giuen. The case is not like with vs. Some are of minde, that all Iudiciall lawes are abrogated: and some are of contrarie mind, that all Commonwealths are to be gouerned by them. But they are both deceiued: and §35the meane betweene both, is the truth. Know then that of Iudiciall lawes of Moses, some are abrogated, some are not, Such lawes as are meerely Iudiciall, that is, iudiciall and not morall, and doe particularly concerne the nation of the Iewes, the land ⟨p. 232⟩of Canaan, the times before Christ, the things of the old Testament, are abrogated. Of this kind is the law that commands the brother to raise vp seede to his brother. Deut. 25. 5. The law of Tenths is partly ceremoniall, and partly iudiciall, and specially concernes the land of Canaan. For as countries are richer or §5poorer then Canaan, so must their allowance to the Ministerie be more or lesse. The seuenths, the eights, the ninths, the eleuenths, the twelfths, and not the tenths. And the allowance of Tenths, stands not in force in this & other Commonwealths by the Iudiciall law of God, but by positiue laws of countries. §10For if it did, then Ministers should not meddle with their Tenths, either for the gathering, or for the disposing of them, but they should be brought into storehouses by certaine ouerseers, and they should dispose of them according to the neede of euery Minister. 2. Chron. 31. Malac. 3. The law that the §15theefe must either restore fourefold, or be a bondman, concernes Canaan, and those countries. In Europe, (specially in the Northerne and Westerne parts,) a straighter law is required. For the people are much giuen to idlenes, and consequently to robbing: and they are of fierce disposition, and therefore with §20theft ioyne violence, and disturbance of the common peace. And for this cause (excepting in some cases) theft is punished with death. And this must not seeme hard. For euen the Iewes, when the theft was aggrauated with other circumstances, might punish it with death.
