Capitall Punishments; not then thinking it a matter of so necessary consideration, as I find it since. Wee know that generally in all Common-wealths, the Execution of Corporeall Punishments, was either put upon the Guards, or other Souldiers of the Soveraign Power; or given to those, in whom want of means, contempt of honour, and hardnesse of heart, concurred, to make them sue for such an Office. But amongst the Israelites it was a Positive Law of God their Soveraign, that he that was convicted of a capitall Crime, should be stoned to death by the People; and that the Witnesses should cast the first Stone, and after the Witnesses, then the rest of the People. This was a Law that designed who were to be the Executioners; but not that any one should throw a Stone at him before Conviction and Sentence, where the Congregation was Judge. The Witnesses were neverthelesse to be heard before they proceeded to Execution, unlesse the Fact were committed in the presence of the Congregation it self, or in sight of the lawfull Judges; for then there needed no other Witnesses but the Judges themselves. Neverthelesse, this manner of proceeding being not throughly understood, hath given occasion to a dangerous opinion, that any man may kill another, is some cases, by a Right of Zeal; as if the Executions done upon Offenders in the Kingdome of God in old time, proceeded not from the Soveraign Command, but from the Authority of Private Zeal: which, if we consider the texts that seem to favour it, is quite contrary.
First, where the Levites fell upon the People, that had made and worshipped the Golden Calfe, and slew three thousand of them; it was by the Commandement of Moses, from the mouth of God; as is manifest, Exod. 32.27. And when the Son of a woman of Israel had blasphemed God, they that heard it, did not kill him, but brought him before Moses, who put him under custody, till God should give Sentence against him; as appears, Levit. 25.11, 12. Again, (Numbers 25.6, 7.) when Phinehas killed Zimri and Cosbi, it was not by right of Private Zeale: Their Crime was committed in the sight of the Assembly; there