Of The Judicial, And Leviticall Law
The Judiciall Law, that is to say, the Laws that God prescribed to the Magistrates of Israel, for the rule of their administration of Justice, and of the Sentences, or Judgments they should pronounce, in Pleas between man and man; and the Leviticall Law, that is to say, the rule that God prescribed touching the Rites and Ceremonies of the Priests and Levites, were all delivered to them by Moses onely; and therefore also became Lawes, by vertue of the same promise of obedience to Moses. Whether these laws were then written, or not written, but dictated to the People by Moses (after his forty dayes being with God in the Mount) by word of mouth, is not expressed in the Text; but they were all positive Laws, and equivalent to holy Scripture, and made Canonicall by Moses the Civill Soveraign.
The Second Law
After the Israelites were come into the Plains of Moab over against Jericho, and ready to enter into the land of Promise, Moses to the former Laws added divers others; which therefore are called Deuteronomy: that is, Second Laws. And are (as it is written, Deut. 29.1.) "The words of a Covenant which the Lord commanded Moses to make with the Children of Israel, besides the Covenant which he made with them in Horeb." For having explained those former Laws, in the beginning of the Book of Deuteronomy, he addeth others, that begin at the 12. Cha. and continue to the end of the 26. of the same Book. This Law (Deut. 27.1.) they were commanded to write upon great stones playstered over, at their passing over Jordan: This Law also was written by Moses himself in a Book; and delivered into the hands of the "Priests, and to the Elders of Israel," (Deut. 31.9.) and commanded (ve. 26.) "to be put in the side of the Arke;" for in the Ark it selfe was nothing but the Ten Commandements. This was the Law, which Moses (Deuteronomy 17.18.) commanded the Kings of Israel should keep a copie of: And this is the Law, which having been long time lost, was found again in the Temple in the time of Josiah, and by his authority received for the Law of God. But both Moses at the writing, and Josiah at the recovery thereof, had both of them the Civill Soveraignty. Hitherto therefore the Power of making Scripture Canonicall, was in the Civill Soveraign.
Besides this Book of the Law, there was no other Book, from the time of Moses, till after the Captivity, received amongst the Jews for the Law of God. For the Prophets (except a few) lived in the time of the Captivity it selfe; and the rest lived but a little before it; and were so far from having their Prophecies generally received for Laws, as that their persons were persecuted, partly by false Prophets, and partly by the Kings which were seduced by them. And this Book it self, which was confirmed by Josiah for the Law of God, and with it all the History of the Works of God, was lost in the Captivity, and sack of the City of Jerusalem, as appears by that of 2 Esdras 14.21. "Thy Law is burnt; therefor no man knoweth the things that are done of thee, of the works that shall begin." And before the Captivity, between the time when the Law was lost, (which is not mentioned in the Scripture, but may probably be thought to be the time of Rehoboam, when Shishak King of Egypt took the spoils of the Temple,(1 Kings 14.26.)) and the time of Josiah, when it was found againe, they had no written Word of God, but ruled according to their own discretion, or by the direction of such, as each of them esteemed Prophets.
The Old Testament, When Made Canonicall