of God hath 3. It is not the least evil against God to say of the law It is not sufficient of it self to judge us by 1. If the law is not perfect God would not have said Add not to nor diminish a word from it 2. This is indeed to despise the law Heb. 10.28 which was death without mercy 3. The law was the moral law a law for all Nations that would be Gods people as well as Jews to be governed by 4. David saith Thy law is exceeding broad and large but thou that knowest not the law and art rude and ignorant of Gods wisdome therein which is a great deep dishonourest God and sayest it is onely for a foundation of a law but it will not serve for a law At the last day it shall judge thee and all else for all their acts words and thoughts against God and yet is it a narrow law 5. Say what you can a Nation untill it hath covenanted with God in this law they are not the people of God nor is God the God of that nation more then other heathens whatever he may be by faith to them that believe 6. This would be a means to call in the Jews to acknowledge Christ in the Gospel with believers when they see we acknowledge God in the law with them Object These are but few cases in compare of the Statute-book that is more full and large and plaine this is obscure Resp 1. I have deduced but part of what is in the law I having not spent a weeks time in meditation thereon to this end 2. This hath more in one line then the wit of men laid down for law in an hundred 3. That they have more then is in the law of God must be destroyed and not acknowledged law but traditions only 4. Much lyeth hid thereof to us as yet being not searched out 5. Judges in special were ordained to judge the difficult causes and that by the word also which appeared not to the common judges to be in the word clearly 6. The laws being reduced to the command we are to judge of cases according to the nature of the fact and the command against which the sin is committed 1. The law is clear plaine and full of light and clearness and so better then our corrupted intricate unknown law which the Judges of the land know not themselves This needs no counsel 2. It is brief and needs not seven yeers study to come to be able to speak law 3. It is so easie a man needs no sollicitors it shews plainly what every man is to do or suffer 4. It cannot be corrupted by demurs nor delayed in proceedings 5. It is so just no man shall have wrong that is innocent nor no man shall escape that is guilty Deut. 29.19 20. 6. It is so free it puts no man to a peny cost 7. It is so holy it condems all evil in every man alike 8. It is so good that he is accursed that obeys it not and he is blessed that observes it 9. It is free from oppression it imprisons none O ye men and lawyers of the world bring forth that law that is like this law of the Lord as Moses rod eat up the sorcerers so shall this devour yours Your law is as darkness this as light it will make it vanish In a word all Rule and Government compared to Gods in the law for a Nation is but bramble-rule Judg. 9.14 and who would call for that rule Conclusion PSalm 144.15 Happy is the people whose God is the Lord that is that people onely who are in covenant with and under the government of the Lord and his law and thus with Moses Deut. 4.5 Behold I have taught you statutes and judgements even as the Lord my God commanded me Vers 6. Keep therefore and do them for this is your wisdome and understanding in the sight of the Nations which shall hear all these statutes and say Surely this great nation is a wise and understanding people Vers 7. for what nation is there so great that hath God so neer unto them as the Lord our God is in all things we call upon him for Vers 8. and what nation is there so great that hath statutes and judgements so righteous as all this law which I set before you this day Who can speak evil of that I have here written and not speak evil of the law who can despise it and not despise that law shall judge him at the last day God judgeth by it let therefore the Gods judge by it In a word who are they if any that shall condemne me for what I have written God is he that will justifie me when he shall arise and plead my cause with them In a word if I have erred the law erreth not let me be judged by that to that I plead and make my appeal unto professing before the most high God My aime onely is Gods glory the restoration of Gods rule and government the peoples freedome and happiness Judges freedom of conscience from blood guiltiness the deliverance of the Nation from the now wrath of God the Parliaments eternal honour in advancing truth and righteousness with these and onely these desires of soul with Esther though she knew the law of the king to put to death any shall come within the inner who is not called except such to whom the king holds out the golden Scepter that he may live But I have not been called to come in unto the king Esther 4.11 Vers 16. I will go in unto the king which is not according to the law if I perish I perish And as Mordecai my soul tells me If I altogether hold my peace at this time deliverance shall arise to this people from another place and I and my fathers house shall be destroyed The fear of God and his law that drove me and the hope I had in you as in men loving God Justice Righteousness and vowing to God and the people the same with hands lifted up to have your and the peoples freedome being bound up in one drew me to this service in which my hearts desire is to serve you all and be Your affectionately well-wishing servant in the service of the Lord John Brayne The Postscript contains Objections and Resolutions of what is said against the Rule of the Law Quer. DOth not the Apostle say Those without law shall be judged without law Rom. 2.12 then what need the laws government Resp 1. Some are without the letter and true sence of the law and the rule of it as those heathens Rom. 2.14 Who became a law unto themselves 2. Others are without the true sence only and not the letter as Paul Rom. 7.9 3. Others without the rule but not without the letter and thus we are without the law this day If Paul only without the true inward sence of the law a Minori ad Maius though not without the rule and government out-outwardly and
be stollen out of the mans house and the theef be found Let him pay double Vers 8. If the theef be not found then the master of the house shall be brought to the Judges to see whether he have put his hands to his neighbours goods Statute Exod. 22.9 For all manner of trespass whether it be for ox for ass for sheep for raiment or for any manner of lost thing which another challengeth to be his the cause of both parties shall come before the Judges and whom the Judges shall coudemne He shall pay double to his neighbour Statute Exod. 22.10 If a man deliver to his neighbour an ass an ox or a sheep or any beast to keep and it dye or be hurt or driven away no man seeing it Judgement Vers 11. An oath of the Lord shall be between them both that he hath not put his hand to his neighbours goods 2. The owner shall accept thereof 3. He shall not make it good Vers 12. If it be stollen from him he shall make restitution to the owner thereof Vers 13 If it be torn in peeces 1. Let him bring it for witness 2. He shall not make good what was torn Statute Exod. 22.2 If a theef be found breaking up and he be smitten that he dye Judgement There shall no blood be shed for him no not in the member he was wounded Statute Exod. 22.3 But if the Sun be risen on him Judgement 1. Blood shall be shed for him 2. He should have made satisfaction 3. If he have nothing he shall be sold for his theft The Statutes Judicial as from their Magna Charta were deduced from the ten commandments only to which those of tythes were not referred but depended on the priesthood of Aaron and law annexed thereunto 1. See here is no hanging burning no nor whipping set down by God nor Clergy 2. Gods aime is satisfaction of the loser and not the loss of the goods of the honest man nor life of the theef 3. The theef if he have not to pay his body will yeeld more to sell beyond the seas then his death will do any man good that yeelds nothing but trouble of minde 4. God would not value any mans life at the rate of any goods and he is the Lord thereof and not man and how shall we then dare do it 5. Note The man that prosecutes the Jury the Judge they have all cause to call on the Parliament for the setting up of Gods law for how shall they answer when God shall Judge Object Men condemned for stealing and released after come to kill a man who is guilty of that blood Resp To take away a mans life for stealing goods is to be guilty of his blood because God the onely Judge saith he shall not dye 2. When the man slew a man his blood was on his own head before he was not now he was appointed to dye 3. As Christ to the man so may ye say to such Go thy way sin no more lest a worse thing happen unto thee O let us remember we are men and under a judgement how shall we do if God measure to us as we measure to others the measure of the mans sin that stole was not full untill he had killed Now God saith to the man he will destroy Fill up the measure of thy sin and how shall he do it if we take him away before 1 Sam. 2.23 Statute Exod. 22.5 If a man shall cause a field or vineyard to be eaten and shall put in his beast and shall feed in another mans field Judgement Of the best of his own field and the best of his own vinyard shall he make satisfaction Statute Exod. 22.6 If fire break forth and eatch in thornes that the stacks of corne or standing corne or the field be consumed therewith Judgement He that kindled the fire shall surely make sat is faction Statute Deut. 19.11 You shall not steal nor deal falsty one with another Vers 13. Thou shalt not defraud thy neighbour nor rob him Vers 35. Ye shall do no unrighteousness in met-yard in weight or measure but a just balance weight epha hin shall ye have Deut. 25.13 Thon shalt not have in thy house divers measures a great and a smal nor in thy bag divers weights a great and a small Vers 15. But a perfect and just measure shalt thou have Judgement 1. That thou mayest live long in the land God otherwayes will cut thee off 2. Those that do such things and do unrighteously are an abomination before the Lord. Statute Exod. 21.14 If a man borrow ought of his neighbour and it be hurt or dye and the owner not with it Judgement 1. He shall surely make it good 2. But if the owner be present he shall not make it good 3. If it be a hired thing it came for his hire Statute Exod. 21.33 If a man open a pit or dig a pit and not cover it and an ox or an ass fall therein Judgement 1. The owner of the pit shall make it good 2. He shall give him money for it 3. He shall have the dead beast Statute Exod. 21.35 If one mans ox hurt another that he dye Judgement 1. They shall sell the dead ox and divide the money 2. They sell the live ox and divide the money Statute Exod. 21.36 If it be known the ox hath used to push in time past and the owner hath not kept him in Judgement 1. He shall surely pay ox for ox 2. The dead one shall be his own Note Though the difference in goodness may be great between them yet the penalty justly falls on the master of the killing oxe and the judgement not to be questioned Prov. 22.28 23.10 Statute Deut. 19.14 Thou shalt not remove thy neighbours landmark which they of old time have set in thine inheritance Statute Deut. 23.24 When thou comest into thy neighbours vineyard thou mayest eat grapes thy fill at thine own pleasure when thou comest into the standing corne of thy neighbours thou mayest pluck the ears with thy hand jus charitatis Judgement 1. Thou shalt not put any into thy vessel This jus proprietatis 2. Nor move thy sickle to thy neigbours standing corne Statute Deut. 22.1 Thou shalt not see thy brothers ox or sheep go astray and hide thy self from them thou shalt in any case bring them to thy brother Vers 2. If thy brother be not near and thou know him not it shall be with thee until thy brother seek after it and then thou shalt restore it him again Vers 3. In like manner shalt thou do with his Ass and Raiment and all lost things of thy brothers that thou hast found Thou mayest not hide thy self Vers 4. Exod. 23.4 If thou see thy enemies Ox or Ass going astray thou shalt surely bring it back to him again Vers 5. If thou see the Ass of him that hateth thee lying under his burden and wouldst for bear to help him thou shalt surely
by bearing Gods more then by bearing our own Gods law will make an 〈◊〉 among men 4. This objection agrees with that of God Ephraim is an heifer unaccustomed to the yoke and so would for a while kick against the pricks 5. That our evil nation will best bear our own laws â—â—â—â—es not that the laws therefore are Gods but against them that they are therefore evil 6. We are not to consider what our Nation will bear but what they should bear which is the law and yoak of God and not men Object Others say Something may be diminished from the sentence of the Law but nothing may be added Resolv The one is expresly forbid as well the other by the word and Law of God Deut. 4.2 Josua 23.6 Others will say This is to be under Moses not Jesus Christ and to revive the Law again 1. The Law was never destroyed that is the Judicial and Moral though the Ceremonial be for Christ came not to destroy the Law but to establish it which thou wouldst have destroyed 2. As in in the time of Moses there was Moses rule in the Jews Commonweal and Aarons in the Temple and these were distinct so now 2. The like form we still retain in our Church and State-government the State-government ought to be that of Moses and that because God he gave no other and Christ saith he destroyed not that the Church government now is changed from that of Aarons in Priesthood Ministry Administrations and Rule so that now it is Moses and Christ before Moses and Aaron ruled 3. Those under Christ are so far from being without law as that the law is more excellently opened and taught in a more spiritual way then Moses taught or the people under Moses could bear This is cleared Mat. 5.27 Ye have heard it hath been said to those of old That is those first in Moses time covenanted with God in the law by Moses Thou shalt not commit Adultery vers 28. But I that is Christ say unto you He that looketh on a woman to lust after her hath committed Adultery with her in his heart 1. Hence under Christ in the Gospel-estate God is said to Judge the secrets of men according to the Gospel Rom. 2.16 2. God by the law under Moses judgeth the acts of the outward man done in the flesh against the law and sets downe the judgement and punishment thereof 3. Heace Paul 1 Tim. 5.27 The sins of some are open before-hand and go before to Judgement under Moses others follow after under the judgement of Christ Question is Whether law of God be not as absolutely necessary to rule and govern men in the civil Estate as in the other of the Ecclesiastick 2. Whether it be not as unlawful to set up a law contrary to God in the one as in the other 3. Whether it be not the proper authority of God to give laws to men in the one as well as the other Moses and the law set men on doing Christ on doing and because we cannot do the law therefore to believe assuring us that in that we shall receive the promise and be freed from the curse of the law likewise 1. Note This Christ manifests that Judgement of external acts against the law of Moses was left to Moses Luk. 12 13 14. the man that came to have the inheritance divided to Christ had this answer Who made me a Judge or a Divider 2 In the woman taken in the act of Adultery Ioh. 8.3 4 56. Christ he would not accuse nor condemne her for now when Shilo was come the Scepter was departed Again the woman was dismissed not absolved because there was no accnsers Object Some say there is not the like severity used under the Gospel as under the law in judgement against sin Resp This was the first ground of the Manichean Heresie for in making difference between the proceedings of Justice under the Law and the Gospel against sin you lay a foundation for the setting forth of two Gods one severe the other merciful 2. The Gospel doth not mitigate but aggravate sin and consequently punishment 3. Christ did not destroy the law nor mitigate the punishment to any unbeliever of what is set down in the law nay if a believer fall into these sins and he suffer in the body it is that his soul may be saved in the day of the Lord. The incestuous person was not put to death the Church having not that power Note The preventing grace of God keeps the believer from the sin that is unto death Joh. 15.17 4. If it be mitigated men should do well to shew from the mouth of God in what it was mitigated to whom and whether to all or some sinne onely and why not to all as well as some and whether it be in the command or in the statute or the punishment or in all and how it can be in any one of these and not in all and each of them or how this can be under the Gospel and not be by Christ and how he 1. establisheth the law 2. and doth not destroy it in part more then many Iota's or tittles though not in whole 5. If it be strictly examined there is more severity then Gods law alloweth of in some of our now laws and in some less in which both there is injustice committed according to the measure we deâ—â—â—â— from the law of God either to the right hand or to the left 6. It is to be observed that the Judges designed to hear difficult causes which were not clear to the other Judges were not to give senteace of their owne they were to do it according to the sentence of the law Deut. 17.11 which shews clearly this that where the law is not expresly declared concerning a case in hand that it may be is unusal among men there 1. That case is to be referred to these Judges 2. These Judges must judge according to the sentence of the law though not in some yet in facts of the like nature with that 3. They were to shew the sentence out of the law and to teach it them if they understood it not 4. Then and not untill then they were to put the sentence in execution 5. If upon all this the man should presumptuously refuse to hearken and obey and say he was not to do it the man was to be put to death 6. This course was not to be taken but onely then and in that case when it was not clearly resolved in the word to all Applic. Is this To those which say many cases are not set downe in the word nor can it be a rule to judge by Resp It is granted yet is there provision made to remedy that by the Judges aforesaid Object How is the law perfect then Resp The Judges shall find the thing sentenced in the law though not under that name in some sin of the same kinde from which they must not decline the law like the Vrim
Sam. 8.1 Hear ye Judges Deut. 25.1 If the controversie come to judgement that they may judge they must judge Luk. 12.58 ye must judge the people with just judgement Judge righteously between a man and his brother and the stranger that is with him Deut. 1.16 vers 17. Ye shall not respect persons Ye shall not take a gift for a gift doth blinde the eyes of the wise and pervert the words of the righteous 1 Sam. 12.3 5. Exod. 23.3 thou shalt countenance a poor man in his cause vers 6. thou shalt not wrest the judgement of thy poor in his cause vers 9. thou shalt not oppress the stranger vers 7. keep thee far from a false matter and the innocent and the righteous slay thou not Prov. 28.21 To these Judges set up in every City 2 Chron. 19.5 Deut. 16.18 seventy two called the Sanhedrin were added and joyned to them 1. While Moses lived he supplyed their place Exod. 18.22 after him Deborah Samuel and the rest succeeded Moses judging Israel in the difficult causes that others could not judge being brought before them God had eminently gifted and raised up some to rule untill the time of the kings 1 Sam. 7.16 17. or when these failed at any time 2. Then as in Deut. 17.8 9 10 11. such of the people as were thought to be most able and fit to judge were set a part to judge the difficult cases of the people Exod. 24.14 2 Chron. 19.8 10. though ordinary persons Those that judge justly for God 1. He hath honoured before the people Exod. 22.28 Thou shalt not revile the Gods nor curse the ruler of thy people 2. He establisheth that rule is according to his word Deut. 17.12 The man in the difficult case that will do presumptuously and not hearken to the Priest and Judge that man shall dye 3. He encourageth them to go on and fear not man because the judgement is the Lords Note Herein is the ground of courage only If ye judge unjustly the curse of God and the people is on you Deut. 27.19 Cursed be he that perverteth the judgement of the stranger fatherless and widdow vers 25. Cursed be he taketh a bribe to slay an innocent person vers 26. Cursed be he confirmeth not all the words of this law to do them Look what the Law saith God fulfils Of Judgement WE are sure the judgement of God is according to truth Rom. 2.2 but not that mans is so Deut. 1.7 Judgement is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to God or is Gods and is not mans one man of himself cannot assume the authority but in the way God hath ordained and under God and when he hath the authority he hath it not but to put in execution Gods law if he have it and his judgement for judgement is the Lords Jam. 4.12 There is one law-giver who is able to save and destroy Who art thou that judgest another Numb 15.16 Note The written word given the Jews for rule and government is indeed the law the rule and government of God and all Nations that rule not hereby but by the work of that in their hearts Rom. 2.15 As the effect depends on the cause so the work of the law on the law if there had been no law there had been no work of the law in men O distinguish between these our laws are but the work of the law though the law hath wrought more strongly on us then others who had no knowledge of the letter of the law at all Judgement shall be one to the stranger and he that is of your own country Lev. 24.22 and so is no place for civil law or mixt laws of Nations with us the small are to be heard as well as the great Deut. 1.17 every mans cause heard alike vers 16. Levit. 19.15 Ye shall do no unrighteousness in judgement thou shalt not respect the person of the poor nor honour the person of the mighty but in righteousness shalt thou judge thy neighbour They were not to take bribe or reward 1 Sam. 12.3 Thus Moses Numb 16.15 so that tribute and custom I suppose arose under the government of Kings and was not under Judges 1 Sam 8.17 That judgement might run down as a stream and be free to all as water to every mans occasions and uncorrupt 1. It was given in the language of the people having many promises from God for obedience which by adhering to the law of Nations men lose and it had many curses added to disobedience which had place in the hearts of men to keep them from breaking the law and keeping them in obedience O what law is like this to do a people good which cannot punish disobedience with curses nor obedience with blessings as God doth 2. It was part of the worship of God to have it read and expounded to the people which cannot be of mans laws That none should be ignorant thereof it was preached and taught at home and abroad publike and private Deut. 30. from vers 10. to 16. and pressed on the conscience daily Joh. 7.49 This people that know not the law are accursed 3. It was to be free and cost nothing 4. Exod. 18.22 It was to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in all time that is whenever occasion called on them to do justice So that after the setting up of Judges we have only two causes for which men were committed to ward Levit. 14.12 Numb 15.34 which was onely for the difficulty of them when that Moses durst not pass sentence before he had enquired of God what the judgement was so careful was he in the matter of judgement that it might be Gods and not his Exod. 24.14 5. This cause is taken away now from us for then the law was not revealed but now it is and we have the minde of God so as that not a word must be added thereunto and the Judge must not decline from the law in judgement neither to the right hand nor to the left Deut. 4.12 Gal. 3.15 6. Two Judges were appointed to be set in all the gates of the Cities in the land Deut. 1. so that the people were not forced to go far for law that was neer them in the word nor for justice it was at their doors 7. Every knowing man was a lawyer he needed none to plead his cause it was laid down so plain and stated so clear in the word by God for them Ap. Who now would leave the pure steams of justice that came out from God and rise in him for the muddy streams of Justinian Gratian and other blind and ignorant men Isa 10.1 2 3 4. Ap. Who would not submit rather to that judgement that is Gods then to that that is mans and do as Paul appeal to the supream judgement which is beyond Caesars and above it if he might be tryed by it which Paul could not then be 3. What liberty would this bring to the nation what freedome from expence in their estates
government of Judges by the law God had set up was then to God and this day is no less with him 1 Sam. 8.7 5. God had foretold of this by Moses Deut. 17. and the thing occasioned this was considerable 1 Sam. 8.3 which was Samuels age and his sons perverting Judgement and taking bribes and turning after lucre yet Samuel vers 6. is displeased at it when they said Give us a King to which God bids Samuel hearken and do for them under whom arose tribute custome and imperious commands 1 Sam. 8.11 to the end of vers 18. 6. This rule of Kings God in the Gospel established by Paul 13.1 the powers that be even Nero's and his deputies were said to be ordained of God in the Lords setting up of Saul which fourth Monarchies rule was authoritative untill the time God had ordained that it should be taken out of the way for the wickedness thereof 2 Thes 2.7 and the way how it shall be taken away is set down and by whom even by the stone cut out of the mountaine without hands he brake in peeces the iron brass clay silver and gold Dan. 2.44 45. which puts an end to the fourth Monarchy which shall have its end by Jesus Christ So that as the fourth Monarchy or Roman put down the law of God Christ comes now to put down that in the rule yea all the rule authority and power thereof 1 Cor. 15.24 7. After all this comes the ancient of dayes which is not God who is not of time nor dayes but he comes by his law and Judges and judgement to sit and judge againe God having foretold he would restore Judges as at the first Isa 1.26 to whom government shall be given of God God having taken it from the Monarchy that they may rule againe And now as God is said to give so shall it be given by men unto them in which God is also said to give it Dan. 2.27 and that their authority shall not be questioned as Moses once was Exod. 2.14 Who made thee a prince and Judge over us the people making them Statute Exod. 18.21 Judges are said to be placed over the people and are called gods Exod. 21.6 The master was to bring the servant that would not go out free 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unto the Gods that is unto the Judges Exod. 22.18 Thou shalt not revile the Gods nor curse the ruler of thy people Psal 82.1 God standeth in the congregation of the Gods Note Great is the honour set on Judges they judging for and under God I do not remember that it is said of any Judges but these nor any other kind of rulers Nero was not a God in this sence though his authority were of God The saying of Christ clears this John 10.34 It is written in your law I said ye are Gods vers 35. If he called them Gods to whom the word of God came c. so that none are so called but such to whom the word of God came that is such as by the words of God judged men as in the place of God being set up of God to judge thereby that judgement may be the Lords Heb. 10.28 He that despised Moses law was to dye Deut. 17.12 this in the judgement on Core Numb 16.11 they are said to be gathered together against the Lord questioning Moses whom God had set up and his government which God had given as a law to that people Vers 13. they say of Moses he had made not God altogether a prince and not a Judge over the people vers 13. for which they and theirs were destroyed vers 32. Statute Isa 38.1 Command thy house or set it in order for thou shalt dye Note that the law had a rule in it what men and how they were to dispose of their goods and estates in a way of Justice and not according to their lusts according to which rule they were to divide their estates among them 1. There was a dowry of virgins Exod. 22.16 fifty shekels Deut. 22.29 2. The first-born Deut. 21.17 was to have a double portion of all his father had and the reason added was not for any ceremonial cause but that he was the beginning of his strength 3. Numb 36.2 Moses would not make any law in the case of Zelophehad though he were as able as any living but he would inquire of God who should inherit and it was resolved Numb 27.8 If a man dye and have no son then ye shall cause his inheritance to pass unto his daughters if he have no daughter ye shall give his inheritance to his brethren if he have no brethren ye shall give it to his fathers brethren if his father have no brethren ye shall give it to his kinsman is next unto him of his family he shall possess it and it shall be to the children of Israel a statute Note How contrary are the practices of this people and nation to Gods law Object In doing thus we should wrong the dead and living Resp In doing Gods will ye can do no wrong 2. Those that do justice do not do wrong But those do thus do justice ergo 3. The dead and living do wrong to themselves and consciences and others also in doing that is forbid by Gods law to be done by them 4. Many holds and customs necessarily by this law are to be changed 5. Many other laws do depend on this in civil contracts 6. How would this quench strife and division among brethren and prevent the ruine of many families and establish love this being the righteous Judgement of God! 7. How would this prevent that shame in the nation where one the eldest brother hath all and is a prince and the rest all poor and he onely lords it over all the rest Object These holds are established by law and custome and may not be changed Resp If a law of man be contrary to the law of God it is no law but a tradition and men are bound to alter it when they know Gods mind to be to the contrary in the case 2. If a man keeps from him that hath right to a possession his possession it is no wrong to take it from him and give it to whom it justly pertains but an act of Justice Psal 24.11 The earth is the Lords and the fulness thereof Luk. 12.13 And one of the company said unto him Master speak to my brother that he divide the inheritance with me Vers 14. And he said unto him Man who made me a Judge or a divider over you Numb 34.17 1. It shews that inheritances were to be divided amongst brethren by the law 2. It was the work of the Judge to see it done if complained of That this was not at all or not rightly that is justly done between this man and his brother 3. That there was usually to be a divider they were not to divide it themselves by the law that occasions of injustice and of jealousie and discontent
came with the deaths of the former princes for defiling of the land with blood in he time of their rule with the famines of food and judgements of unseasonable weather and blastings mildews c. Which the Nation lyeth dyed with not only with unrevenged blood for blood but with blood of men put to death which God would not have put to death as precious Martyrs and poor theeves and many God would have had put to death as adulterers blasphemers c. and many God would not have put to death as unmarryed men for ravishing maidens all which that hath been committed since the Nation hath had the word of God among them and especially since Henry the eighth's dayes wherein hath been much more free use and abundant knowledge of it then before crieth to God against us for our blood Appl. Here see the necessity of our making a covenant with God of setting up his rule and government if ever we hope to be free from the wrath and judgement of God in our selves or families Our land hath been greatly polluted in the way of punishments executed contrary to Gods laws by imprisonments hanging and other tortures for law and judgement borrowed from the heathens and here see the irregularity of mans nature who rather would be led by the corrupt rule and practice of the heathens and their law and judgments then the pure just and unquestionable way and rule of Gods word If by the law there is no use for a Jury but in that case of tryal of murther when it was not clear whether it was so or man-slaughter and then not of any chosen men but the Congregation were to judge this would be a great ease of expence to the Commonweal if service of Juries were removed The Judge the plaintiff the defendant and witnesses being all to sit publikely in the gate of the City for all to hear 1. If the matter were by the witnesses made clear and the case plainly set down in the law the Judgement was to be set forth and shewn out of the book of God to all and the Judges to judge Deut. 25.1 2. If the witnesses made not the charge clear then the Judges could not judge them 3. If there were but one witness the Judges could not judge them in any case 4. If the case were not plainly set down in the law to Judge by they were not to judge them but to transfer it to the supreme Judicatory 5. In stead of the prisoners putting himself in his tryall on God and the country every man by covenanting with God if he transgress puts himself on God and Moses 6. Whereas Juryes are for dispatch of the multiplicity of causes and tryals in the several places of judgement and joyned with the Judges because of the long distance of time between Assize and Assize and then because it is held but in one place of a shire whence ariseth vast charge to the Nation 1. Judgement being administred daily without delay 2. In every corner of the County being to be had the Judges would not be straitned in time for hearing of causes nor would there be any need for any Juryes to help them 3. In stead of the country the man hath Moses in stead of mans law he hath Gods to put himself on But that I am altogether unacquainted with what concern the law or its proceedings that is among us I might set more fully the necessity of the abrogating of the one and the establishing the other diversly Command the Sixth Exod. 20.14 Thou shalt not commit adultery Statute LEvit 20.10 The man that committeth adultery with another mans wife Vers 11. He that committeth adultery with his neighbours wife Vers 12. With his fathers wife or daughter-law Judgement Shall not inherit the kingdom of God Gal. 5. They both shall be put to death they have defiled themselves with each other Numb 25.1.6 Ezek. 16.38.40 Judges 19. 23. chap. Gen. 34.2 25 26 27. Statute Deut. 22.22 If a man be found lying with a woman maried to a husband they shall both of them dye Numb 25.6 Statute Deut. 22.23 If a damosel a virgine that is betrothed to an husband and a man finde her in the City and lye with her Judgement They both shall be stoned at the gate of the City the damosel because she cryed not and the man because he humbled his neighbors wife Statute Deut. 22.25 If a man finde a betrothed damosel in the field and the man force her and lye with her he shall dye but to the damosel ye shall do nothing for as when a man riseth against his neighbour and slayeth him so is this matter vers 27. He found her in the field she cryed and there was none to save her Statute Deut. 22.28 If a man finde a damosel not betrothed a virgine and lay hold on her and lye with her and they be found Judgement 1. He laid hold on her and lay with her he shall give her father fifty shekels three pound two shillings and six pence 2. She shall be his wife he hath humbled her 3. He shall not put her away all his dayes If any man should have dyed for fornication this man should but is not to dye Statute Exod. 22.16 If a man intice a maid that is not betrothed and lye with her Judgement 1. He shall surely indow her to be his wife 2. Vers 17. If her father utterly refuse to give her to him to wife as in this case he might he shall pay money according to the dowry of virgins 1. Note Before a man laid hold on a maid he here inticeth a maid and the maid consenting the fifty shekels are not paid her father three pound two shillings six pence 2. Here note all ravishments do not deserve death as by our law and though we say God would not have that severity used under the Gospel as under the law we in many cases use more Statute Levit. 20.14 If a man take a wife and her mother Judgement He and they shall be burned with fire Statute Levit. 18.6 to vers 18. are expressed the prohibited degrees of consanguinity and affinity within which men are not to marry Chap. 20.21 If a man lye with his uncles or brothers wife they shall be childless Judgement That is before the time of child-bearing they both should be put to death others only a curse of barrenness which cannot be Statute Levit. 20.18 If a man lye with a woman having her sickness and uncover her nakedness c. Judgement They both shall be cut off from among the people Quest If by death or as Miriam shut out without the campe It is of great note that the reason why the widdows portion was to be so smal of her husbands estate was because her father was to provide for her or her husbands brethren if she had no children and her children if she had any Statute Levit. 20.17 If a man take his sister his fathers or his
and Thummim will tell them and shew the judgement to them when they have a cause to require thereat Object The Law saith men must not turn from the right hand or left thereof Resp True Those that know the law in the known causes thereof are not to decline from that nor are the Judges concerning the obscure cases to decline that sentence of the law that doth accord therewith in the book of God though it be not particularly set downe and nominally expressed and added to that iniquity particular Object David committed Adultery and Murther and was not slain which was a type of more mercy to be ministred under the Gospel then under the Law Resp 1. Some will say David being King and supream Magistrate there was none under that government then would judge him but God did judge him in his house his wife his children as in the Story is set forth abundantly after 2. And more truly Davids Adultery and Murther was so hid that there were no witnesses appeared to accuse him and though God knew it few in the world else did 2 Sam. 12.12 but these consented thereunto 3. David marryed Bathsheba after which indeed did seem to be according to the law but being a Whore it was not 2 Sam. 12.9 10. 4. David was a type of Christ in many things 5. God might dispence with his law for wonderful sweet ends and good for us though by such wayes as we understand not the justness of them 1. If men writing the Scriptures had not had our fallings and been subject to our temptations we could not have had that comfort now we may have in the Scriptures 2. God suffering them to fall would not with their fall take them away that had not been a support but terror 3. By this God would shew that though the bodies of those for such like sins suffer yet they believing and repenting their souls may be saved in the day of the Lord. So that the use hereof is good exceeding good to those that do suffer 4. Many of the Saints as David are guilty secretly of these fins and were it not for David would have sorrow without hope as it were 5. By Nathan God having discovered his sin and he repenting God is said to put away his sin that he should not dye 2 Sam. 12.13 1. Here is the putting away of his sin which upon repentance many others may do and yet not be freed from death 2. Here expresly is not onely one but the other also by the Prophet from God revealed that it should be made good to him 3. God punished him in his house his wives his children as before Object Gen. 49.10 The scepter shall not depart from Judah nor the Law-giver from between his feet c. so there was a Law-giver Resp 1. This was spoken before the Law was given where men made Laws 2. The word for Law-giver signifies a Scribe If any should give the Law he had the Scepter and not him between his feet 3. This he between the Kings Feet was but an assistant to him to shew him what the Law was in cases brought before him out of the Law of God which was to be alwaies by the King Conclusion O that when the Covenant was sent to the Nation it had been done according to the minde of God! that is as Covenants were when nationally by Kings and People made with God viz. by taking the law the Statutes and Judgements of God to be our law and to be ruled and judged by it onely and take God with the law to be our God and all other law to be laid aside and known no more of us so had we done the work of God and a heavenly blessing would have followed it Since which the effects of that ignorant blinde Covenant have been nothing but confusion division war and trouble to our selves and others O ye Princes and People though ye are in all these yet if you will obey and receive the Lord and his law this day ye shall be healed of all your confused distempers and be saved 1 King 8.57 The Lord our God be with us as he was with our Fathers let him not leave us nor forsake us vers 58. That he may incline our hearts unto him to walk in all his ways and to keep his Commandments and his Statutes and his judgements which he commanded our Fathers Deut. 5.29 That it may be well with us and our children after us for ever Amen And ye O ye Universities of Oxford and Cambridge a visitation from above is drawing near to visit you and the most just God the visitor who will judge you according to the judgement of the great Where Ye can now no longer delude nor captivate men with specious pretences for God will take you away and set up wayes of learning of his own 1. Your rise was from the Pope even Celestine the Emperour Theodosious twelve Cardinals and multitudes of Arch-Bishops Bishops c. about the year 423. 2. You by being governed and advanced and educated by his adherents and set up to accomplish his ends came to be the onely means to make void the order of the Church who first chose her Ministry out of her owne societies and members but now are taken out of the University be they what they will and put on them whether they will or not to the utter extirpation of the Churches priviledge by which encourgement to learning and knowledge in all the Church-members was taken away to encourage such as made a trade of it in the University the Church-members resting on their teaching onely and never respected any power of teaching to be obtained by themselves in the now Church-way the Church being robbed of it 3. You plead for your practice the Scripture as if it were your pattern 2 King 2.3 there were sons of the Prophets at Bethel and ver 4. there were more at Iericho 1 Sam. 19.20 a company of Prophets are standing and Samuel standing as appointed over them 1. These Sons of the Prophets were such as were educated in the writings of the Prophets and read them and did more eactly discuss the Mystereis thereof then in the Synagogues Those bred in these houses were immediately fitted for the Synagouge-xe hortation and reading 2. The first of their education was reading and well understanding of the word as writing and this fitted him as a Scribe 3. After this they were taught the sence and meaning of the word either in the literal or historical the prophetical or typical part of it and then they came to be disputers of the law or Pharisees in which order Paul was 4. God usually raysed up of these that faithfully gave themselves to the study of the Law and taught it Prophets to foretell things to come as Elias and Samuel And those other hundred Prophets mentioned 1 Kings 18.13 in which places those that were Prophets for confirmation of their prophesies and call did usually teach as appears
their pattern came to receive a stability in their place by it during the time of the fourth or the Roman Monarchy 3. When men destroy Monarchy they must return to Judges againe as at first Isa 1.26 or the power cannot be said as the heathen power had said of it that it was of God God setting up no other publike forme of Rule but that to govern a nation by besides Kings Rom. 4.4.13 He shews what the rule of Monarchy was or was to be in their law Vers 3. He shews what the authority was in the rulers execution of their then law vers 2. how the power during its time of standing by which authority and rule were kept alive and not to be infested until that time 1 Cor. 15 24. when all of the then rule authority and power is to be put down by the stone cut out of the mount without hands Deut. 2.44 45. which is done in part and now doing this day 5. On this onely ground because it was ordained of God and an ordinance of God though they were Gentiles and without law onely being a law to themselves vers 5. The Apostle shews they should be subject not only for wrath but conscience sake even to the laws called ordinances of men 1 Pet. 2.13 6. To these Kings as to the Kings of Israel tribute and custome were paid which was not under the Judges which shows it the freest government and best for the people which concerns you to consider in respect of the trust reposed in you 7. The renewing of the kingdom from Judges to kings is to be done when from Kings to Judges 1 Sam. 11.14 8.10 Prov. 21.17 This law owns not suits about hunting hawking killing of fowl c. nor allows no such game to trespass other men and appoints labour rather to all and condemns such exercises begets idleness and beggery in a Commonweal drunkenness c. so that it is as necessary to destroy those vermin the hawks and hounds as heretofore wolves the one destroyed cattel the other men And in stead of shooting at Pigeons Oh how good were it the houses were shot down Here is no law for Tythes nor offering nor for a mans turning aside occasionally to pass over another mans ground nor about Wills and Testaments nor to satisfie mens revenge to vex their neighbours with Law but as Prov. 25.8 Go not forth hastily to strive lest thou know not what to do in the end thereof when thy neighbour hath put thee to shame debate thy cause with thy neighbour himself c. Matth. 7.12 Do unto all men as you would men should do unto you that is the law and the Prophets So that great men by Law and Prophets are to do no other to the poor then they would the poor should do to them there must be the same law and liberty to the one as to the other or it is not a Common-weal one must not keep any thing to oppress hurt or hinder another man much less many men onely to satisfie their lusts As for the State of Venice 1. As other Gentiles they are a Law to themselves 2. Though the people chuse their Judges yet they judging by Laws of their own their Government is not of God nor is it established of Gods as that of Kings was among Gentiles 3. Bland us sayth that the liberty of the Venetians to govern by their own Laws was granted them by the great and high Bishop of Rome Charles 4. That their Government is not of God appears by their allowance of publike Stews in their Commonweal worse then which the Heathens have not done and the converting of the hire of whores to a publike use a great abomination 5. Nor are their Judges as Judges at the first set up in the gates of every City so that that Government with the rest of the Papal powers will cease and fall The fall of the Romane Monarchy under the seventh Head or feet mixt with Iron and Clay as it was under Pope and Kings 1. The first step began in Henry the eighth's destroying the Supremacie of the Pope and ruling alone anno 1531. 2. In the United Estates of Holland casting down of the Monarchy of the King of Spain but ruling by the States General and Provincial as by Lords and Commons which also will be in its time dissolved 3. In this Nation this Parliament have deposed King and Lords the Commons onely having the power of rule in their hands and so have made a step beyond them therein 4. The fourth is that the Souldier take down the Law Rule or Government that is and set up God's by Judges as at first in which the grand Mutations of the worlds affairs come to centre and receive fixedness under God the Kingdom being the Lords and the earth becomes abundantly blessed with all therein by the same thousand yeers when Tyranny springs again and Time quickly after hath its end The main ground and reason why the four Monarchies are set out by Beasts arising out of a necessity occasioned by the contentions among men Dau. 7. by which the world like another Sea was fill'd full of troubles 1. The Babylonian set out by the Lion vers 4. 2. The Medes and Persian by the Bear vers 5. 3. The Greek by the Leopard vers 6. 4. The Romane is not expressed by its form but by its nature to be a Beast dreadful terrible strong having iron teeth devouring and breaking in pieces and stamping the rest with her feet and being diverse from all beasts lively set out by John Rev. 13.2 like a leopard in colour having feet like a bear the mouth of a lion and the dragon gave him his power from whence he takes the place power authority and name of the dragon Note the name of Beast for Government and Authority is not given them but for the kinde of Rule and Law that they had among themselves which was according to their lusts and not of God they making their lusts a law and so become a law to themselves Rom. 2.14 2. Hence the Heathens without the Law and rule of God are said not to be a people Deut. 32.21 Rom. 10.19 3. The Heathen Empires set out by the Beasts 1. The Kings were the horns the Councels of the kingdoms the heads the Laws and Lawyers the teeth the Executioners the feet the common people the body and the Pope riding on them 4. The best allusion given the four Monarchies was that of Daniel which is likened to a man when that man that had the vision and who represented the golden head Dan. 4.33 was driven from among men lost his reason feeds with beasts c. in which is set forth what the men were while without the rule of God and what would be the end the Monarchs of the world at last would come unto Thus the Psalm Man that is in honour and understands not that is how to rule and govern according to God is like the