In this distribution, the first law is for division of the land itself: wherein the sovereign assigneth to every man a portion, according as he, and not according as any subject, or any number of them, shall judge agreeable to equity, and the common good. The children of Israel were a commonwealth in the wilderness; but wanted the commodities of the earth, till they were masters of the Land of Promise; which afterwards was divided amongst them, not by their own discretion, but by the discretion of Eleazar the Priest and Joshua their General, who, when there were twelve tribes, making them thirteen by subdivision of the tribe of Joseph, made nevertheless but twelve portions of the land; and ordained for the tribe of Levi no land; but assigned them the tenth part of the whole fruits; which division was therefore arbitrary. And though a people coming into possession of a land by war, do not always exterminate the ancient inhabitants, as did the Jews, but leave to many, or most, or all of them their estates; yet it is manifest they hold them afterwards, as of the victors’ distribution; as the people of England held all theirs of William the Conqueror.
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