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A77294 The new earth, or, The true Magna Charta of the past ages, and of the ages or world to come: called The Jews commonweal. Written by an unworthy witness of the truth of the great God, John Brayne. Brayne, John. 1653 (1653) Wing B4330; Thomason E714_9; ESTC R207239 69,350 106

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mothers daughter and see her nakedness or she see his Judgement 1. It is a wicked thing 2. They shall be cut off from among the people Statute Levit. 19.29 Do not prostitute thy daughter to cause her to be a whore Statute Levit. 18.22 Thou shalt not lye with man-kind as with womankind Levit. 20.13 If a man lye with man-kind as with woman Judgement 1. They both have committed abomination 2. They shall surely be put to death their blood shall be upon them This phrase shews the ground of the Jews cry His blood be on us and our children Mat. 27.25 when Pilate washed his hands as innocent of Christs death which being innocent he should have justified Statute Exod. 22.19 Whosoever lyeth with a beast Levit. 18.23 Thou shalt not lye with any beast Levit. 20.15 If a man lye with a beast Judgement 2. It is a defiling of a mans self 2. The man shall surely be put to death 3. The beast shall be slain Statute Deut. 22.5 A woman shall not wear that appertains to a man nor a man that appertaines to a womans garment Statute Levit. 18.23 A woman shall not stand before a beast to lye down thereunto Levit. 20.16 If a woman approach to a beast and lye down thereunto Levit. 18.26 Which the stranger was forbid as well as the home-borne Judgement 1. It is said to be confusion or mixture of contrary natures 2. The land and people are defiled thereby 3. Thou shalt kill the woman and the beast their blood shall be upon them 4. God cast out and the land vomited out the heathens therefore Levit. 18.24 25. and would spew them out also if they did the like Statute Levit. 21.7 Thou shalt not take a whore to wife Deut. 22.20 If a man take a wife and she be not a virgine and he accuse her to the elders of the City and her parents cannot shew the tokens of her virginity Judgement 2. They shall bring her out to the door of her fathers house 2. There the men of her City shall stone her with stones that she dye because she wrought folly in Israel to play the whore in her fathers house 3. So and no otherwayes shalt thou put away evil that is the Judge from among you Then by doing this justice on her which would be a means of preventing much evil 1. Note Elders not Judges had the ordinance of marriage referred to them which were twelve Vid. Topsel on Ruth 2. Adultery before marriage as well as after dissolves marriage and is punished with death which would make parents and children more careful of their childrens conversation and company in youth 3. A tradition used among us hath made void this law of God we saying when a man married a woman that he was to take her for better for worse so as that though she were a whore she was now to be his wife and no remedy left him to deliver himself which gave all manner of liberty and looseness to maidens before marriage and occasioned looseness in their conversations afterward which is a thing expresly against the law of God Statute Deut. 22.13 If a man take a wife and go in to ber and hate her vers 14. and give un occasion of speech against her and bring an evil name upon her and say I took this woman and when I came to her I found her not a maid vers 15. The father and mother of the damosel shall bring forth the tokens of her virginity to the Elders of the City in the City in the gate vers 17. And they shall spread the cloth before the Elders of the City c. Judgement 1. They shall chastise that is whip the man now in whipping the man was to have but fourty stripes nor was he to stand but lye down 2. They shall amerce him a hundred shekels of silver and give them the father of the damosel which is six pound five shillings 3. She shall be his wife he may not put her away all his dayes 1. A bill of divorce might be given others but not this 2. Because that by the report she was defamed another would not take her 3. Without this law he would not keep her a day he hated her before but worse now This case is illustrateed in some kind by Joseph and Mary Math. 1.18 1. He espoused Mary 2. Before they come together she is found with child 3. He being a just man was not willing to make her a publike example that is to have her stoned vers 19. 4. He was minded to put her away not to marry her privately to leave her and forsake her 5. Vers 20. The Angel said Fear not to take to thee Mary thy wife Here by fear is signified Josephs fearing to marry her against Gods command Levit. 21.17 he not knowing that what was conceived in her was of the Holy Spirit untill revealed to him Here it is not amiss to speak of marriage the means ordained of God to prevent adultery 1. This ordinance was not pertaining to the Priests for it was belonging to Moses and was before the Priesthood of Aaron and is lawful among heathens 1 Cor. 7.10 Heb. 13.4 2. Nor to the Judges 3. It belonged to the Elders in the City Now there were to be Judges and Elders in the Commonwealth-government hence matters pertaining to man and wife are usually referred to the Elders that concern marriage Deut. 25.7 8 9 22.15 17 18. and not to the Judges Ruth 4.2 Boaz took ten men of the Elders of the City for number 2. They sate down in the gate of the City vers 1. for the place where civil affairs were discuss'd of 3. Vers 9. He calls Elders and people to witness he had purchased Ruth to wife the dowry of a widdow was twenty five being but half of a maids which was fifty shekels 4. Vers 11. The people and Elders say We are witnesses and bless them both Vers 12. These are not to be Elders of the Church James 5.14 but of the Commonweal only 5. Vers 13. He took Ruth and she was his wife and he went in unto her and she conceived and bare a son 1. Conclusion If the ordinance belong to Moses then for any other under what pretence soever to do it it is high presumption 2. Those that are married by them are not joyned in the way of the Lord nor by that authority God ordained among those that have his law 3. I say of this as of acts done by Heathens without law that they are a law to themselves so are our doings in this matter this day It were good it were amended Never did Priest Levite Christ or Apostle do it for any and then by what authority do the ministry now do it Here I desire leave to commend to your consideration that one branch in the Act made for adultery May 10. 1650. If any man shall have the carnal knowledge of the body of any virgine unmarryed woman or
of their age that were not accustomed to it in youth 3. For the neglect of doing justice in this case see but how these sins like a leprosie or spreading evil have as it were infected the poor and rich old and young in all parts of the Nation and no other way but this is ever able to put away the evil thereof from amongst us 4. You must do so that is stone him to death and not put him to death any other way and then all the men even his own companions must help stone him to death that are of the fame City which could not but work strangely on them 1. In Cities is usually most excess and company-keeping 2. There is most drunkenness and consequently most disobedience for drunken children are disobedient children 3. Here it should be done for the greater terror to others 1. Note That the Statutes and judgements expressed in the word are a rule for every Judge in each City to put in execution 2. But if cases fall out not clearly expressed or set down called disficult cases Deut. 17.8 3. These cases are to be referred to the chief judicatory provided in that behalf called the seventy or Synedry So that here is no straitedness for rule in the way of God 4. They are not left to do what they will for it must be the sentence of the law Deut. 17.11 5. They are to teach to shew to tell the sentence out of or according to the law as appears by comparing Heb. 10.28 with Deut. 17.12 hence called Councellors not Judges 6. This was to be done by the Judge before whom it was first brought he was to seek the resolution thereof at the supreme judicatory or councel That of Exod. 18.21 rulers of tens to judge was only proper to that time before they came into Canaan untill when the rule was not setled Command the Sixth Exod. 20.13 Thou shalt not kill Statute Gen. 9.6 LEvit 24.17 He that killeth a man shall surely be put to death Numb 35.16 If any smite his neighbour with an instrument of iron that he dye he is a murtherer he shall surely be put to death If he smite him with throwing of a stone That he dye he is a murtherer If he smite him with a hand-weapon of wood That he dye he is a murtherer If he thrust him of hate That he dye he is a murtherer Or hurle at him by lying in waite That he dye he is a murtherer Or in enmity smite him with his hand That he dye he is a murtherer Exod. 21.12 He that smiteth a man that he dye c. Vers 14. If any come presumptuously on his neighbour and stay him with guile then thou shalt take him from mine altar c. 1 Kings 2.5 29 30. Vers 22. If men strive and hurt a woman with child and hurt felloweth that is afterward she loseth her life Judgement Gal. 5.21 Shall not inherit the Kingdom of God They shall surely dye 2 Sam. 1. from verse 6. to the 16. Exod. 21.14 Take him from the altar and put him to death 1. Note The executioner is to be the avenger of bloods who was to do it when he met with him being his near kinsman 2. The avenger of blood pursued him and slew him where he met with him This would not be so convenient families being disperst in another nature among us then them Question is If any other might be an executioner in this case and whether the revenge of blood be to be delayed at all 3. Numb 35.24 27. If a man were slain by one not his enemy nor sought his hurt the Congregation were to judge between the slayer and revenger and deliver the slayer out of the hand of the revenger yet if the slayer come out of the borders of the City and the avenger meet with him and slay him he shall not be guilty of blood Note This answered to our Jury and in no case was the Jury made use of but this as I know of which was the whole congregation 1. Here was matter of life and death 2. The law was diverse in this case according as it did appear whether the murder were wilful or not they were to judge with the Judge and the congregation not the Judge deliver him as in Numb 25.25 3. What warrant this is to their proceedings in other cases I know not from the law of God for the law of God having expresly set down in it the judgement of God there needs no Jury the fact being proved by the witnesses that they might judge or else not Deut. 25.1 2. Statute Numb 35.22 23. If he thrust suddenly without enmity or east any thing on him without lying in wait or with any stone wherewith a man may dye seeing him not and was not his enemy nor sought his harme Deut. 4.24 If he kill his neighbour unawares and hated him not in time past Deut. 19.5 An instance is set down of a man killed by the head of an Ax falling ignorantly from the helve Judgement 1. He shall flye to the City of refuge Joshua 20.4 2. He shall stay to the death of the high-high-Priest 3. The Congregation shall judge between the avenger and the slayer when the case is not clear whether he slew the man in malice or not Deut. 19.11 12. If he slew him in malice he was to be brought from the City of refuge and delivered to the Avenger 2. If he did not he was to abide in the City Exod. 21.13 If a man lye not in waite for his neighbor but God deliver him into his hand I will appoint a place where he shall flee Question is whether such Cities seeing such cases are daily among us are not to be set up to prevent shedding of innocent blood 2. Whether that Ceremony of staying in the City untill the death of the high-priest do destroy all morality in the rest or rather that now Christ is dead the congregation having acquitted the man slew his brother unawares he should be immediately free by the blood and death of Christ Statute Exod. 21.28 If an ox were wont to push in time past and it hath been testified to his owner in time past and he hath not kept him but he hath killed man or woman Judgement 1. The Ox shall be stoned 2. His slesh shall not be eaten 3. His owner shall be put to death 4. This sentence by a mulct was only in this case to be taken off from the man vers 30. If there be laid a sum of money on him then he shall give for the ransom of his life whatsoever is laid on him Note Here is no benefit of Clergy granted nor in no case else is there any like thereunto instituted of God to be used in judgement 2. The laying on him a sum was Arbitrary 3. The quantity of money was Arbitrary he must pay whatever it was or dye Job 2.4 All a man hath will he give for his life 4. What is said of an