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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