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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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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 ●●●●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 de●●●● 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
that blasphemed God his house shall be destroyed and himself cut in pieces Zech. 5.4 The flying roul entred into the house of him that sweareth falsly by my name and it shall remaine in the midst of his house and it shall consume it with the timber thereof and the stones thereof Jezabel swore by her gods and is eaten by dogs and her familly cut off 1 Kin. 19. 2 Kin. 9. III. On a person Levit. 24.15 Whoever curseth his God and he blasphemeth the name of God shall surely dye as well the stranger as he that is born in the land all the Congregation shall stone him Levit. 24.11 The son of an Israelitish woman blasphemed the name of God and cursed and they brought him to Moses and put him in ward until the minde of the Lord were known Verse 14. He is brought out of the Camp and stoned Illustr Davids child dyed because he made the enemy blaspheme 2 Sam. 12. Statute Levit. 19.31 Regard not them that have familiar spirits neither seek after wizards to be defiled by them I am the Lord. Vers 26. Ye shall not use inchantments nor observe times Deut. 18.10 There shall not be found amongst you any that useth divination or any observer of times or an enchanter or a witch or a charmer or a consulter with familiar spirits a wizard or a Necromancer all these are an abomination before the Lord. Judgements Exod. 22.18 Thou shalt not suffer a witch to live Levit. 20.27 A man or woman that hath a familiar spirit or is a wizard shall surely be put to death they shall stone them with stones their blood shall be upon them Vers 6. The soul that turneth after such as have familiar spirits and after wizards to go a whoring after them I will even set my face against that soul and will cut him off from among his people Note God will cut him off by some judgement this was not to be done by the Magistrate but left to God himself 1 Sam. 28.31 in Saul Statute Levit. 20.22 Ye shall keep all my Statutes and my judgements to do them Verse 23. Ye shall not walk in the manners of the Nations Levit. 18.3 After the doings of the land of Egypt shall ye not do after the doings of the land of Canaan where I bring you shall ye not do neither shall ye walk in their ordinances Verse 4. Ye shall do my judgements and keep mine ordinances Levit. 19.27 Thou shalt not round the corners of thy head nor war the corners of thy beard nor make cuttings in thy flesh for the dead nor print any markes on you Deut. 18.9 Ye shall not do after the abominations of the heathen Observation The Lord bindes the people that have his Statutes to make use of his and not any other ordinances laws or manners Statute Numb 15.30 31. The soul that doth ought presumptuously whether he be born in the land or a stranger the same reproacheth the Lord and that soul shall be cut off from among his people because he hath despised the word of the Lord and hath broken his commandment that soul shall utterly be cut off his iniquity shall be upon him O ye Princes and Judges of the people if men judge by other judgements then Gods and have Gods judgements by them to judge by judge ye if they do not presumptuously what they do in so doing that they were to dye for it Note The Jews mixed first heathenish customes in sacrifices in the law the Jews believers in the time of the Gospel mixed Jewish rites and the Gospel-adminstrations together the heathens their rites and the Gospel we now Antichristian superstitions and the way of Gods worship in the Gospel whose manners and customs we ought to abstaine from as the Jews from the heathens Rev. 14.9.10 11. 18.4.8 They being a like abomination before the Lord. 1. The excellency of setting up of the commands and statutes and the government of God by making a covenant with God doth appear most eminently in the national preservation of the Jews from the witchcraft of Balaam who cryeth out to Balack and saith There is no divination against Israel nor enchantment against Jacob Numb 23.23 and the reason is the Lord is his God by covenant and he is with him and vers 8. How shall I curse whom God hath not cursed Chap. 24.9 Blessed is he that blesseth thee and cursed is he that curseth thee which shews had not God been his God witchcrafts inchantments and curses had consumed them 2. Balaam farther saith Numb 23.9 The people shall dwell alone and not be reckoned among the Nations When a people make a covenant with God they are then a people which before were not O that in England might be fulfilled that of Rom. 10.19 2. They shall dwell alone being a peculiar people to God 3. Not reckoned among the Nations but separated from them in their laws goverment worship of God c. God blessing them when other nations are accursed 3. Then when we covenant rightly into the Lord he sets his name upon us and we called the people of God and not before And to these and not others is the name of God a strong tower the righteous fly unto it and are safe they coming unto the Lord as to their God and refuge God being their refuge and hiding place which he is not to any other nation but these Treason called crimen laesae majestatis against God is contained in these three commands and many traitors there are amongst us 1 Sam. 2.25 Concerning the Treatise of the Sabbath 1. From Adam to Moses the authority was by tradition and the first-born was priest 2. By tradition Christ was discovered in the promise to Adam to many nations 2. The authority was from Scripture in the ten commands and other judicial precepts 1. Under it the traditional authority ceased 2. The priesthood of the first-born ceased and was given Aaron 3. Now sacrifices of other were offered to devils 4. This was only for the seventh-day-Sabbath 5. This Sabbath was a part of and sign to the first covenant 3. Christ comming was the Angel of and Mediator to a better covenant 1. The sign whereof is the first-day-Sabbath 2. As this is of the second covenant so it cannot be mixt with the first but are to be reserved distinct and not confounded for as the two covenants cannot be one so nor can the Sabbaths Appl. Hence then to force obedience of one on all is to destroy the other 2. To force the world to observe the first-day-Sabbath is to destroy the use of the day and make void the grace of God 3. In destroying any of the Sabbaths is to destroy the covenant and to take away the very signe thereof as at this day it is done by and amongst us Command the Fourth Exod. 20.8 Remember the Sabbath day to keep it holy Statute EXod 23.12 Thou shalt rest the seventh day that thy Ox and Ass may rest
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