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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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widdow every such man and woman convict of such offence 1. Shall be committed to common goale three moneths 2. Shall give security to be of the good bahaviour for one whole yeer Note 1. If the man be a young man or widdower then he was to marry the maid or unmarryed woman or widdow by the law of God and not to be prisoned bound c. 2. If he be a marryed man then the case is adultery as in the womans before that was marryed to another man and the judgement death 3. If you had put them to death by Gods law ye would not have said it should be death after such a day Gods law not taking beginning then nor establishment from us or at least until then we were not under Gods law nor was it declared to the nation in the name of Gods law but mans as an Act of Parliament onely Statute Levit. 19.20 Whoever lyeth carnally with a woman that is a bondmaid or apprentice betrothed to an husband and not at all redeemed nor freedom given her Judgement 1. She shall be scourged 2. They shall not be put to death because she was not free This nor many other cases are not excepted in the late Act. Statute Levit. 20.11 12. The man that lieth with his fathers wife or daughter-law Judgement They are to be put to death their blood shall be upon them In this law only adulterers dye the man because he humbled his neighbours wife whether betrothed onely or marryed the woman because she broke the covenant of her God In which is much justice In this law ravishments of such as are unmarryed and neither of them betrothed are freed from death either by marriage or corporal or penal punishments which is of exceeding mercy Who shall do more in one or less in the other and be innocent before God O where is law or justice or mercy or righteousness but in this law of the Lord how then shall we yet justifie and set up our own and condemne and suppress the law of the Lord This command is broken by intemperance or insobriety in meat drink and apparel the evil whereof especially that of drunkenness abounds in this Nation and is very great before the Lord. Command Wo to him that giveth his neighbour drink that puttest thy bottle to him and makest him drunken that thou mayest look on their nakedness Habac. 2.15 16. deprived of his place in Church and world as a master an owner c. Esth 1.8 In Ahasuerus great feast the drinking was according to the law none did compel for the king had appointed to all the officers of his house that they should do according to every mans pleasure It is emphatical God distinguisheth his law from the statutes of Kings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and so Ezra 8.36 Yet this is to be observed though it serves for a law with us being sanctified and become part of the word of God in which it excells other kings laws though it come short of Gods By this word the other commands of the King are set forth Isa 5.11 Wo to them rise up early in the morning that they may follow strong drink that continue until night that wine inflame them and the harp and pipe and viol are in their feasts c. Vers 22. Wo to them are mighty to drink wine and men of strength to mingle strong drink Isa 56.12 Come ye say they we will fetch wine and will fill our selves with strong drink Mat. 24.49 He was the evil servant eat and drank with the drunken Judgement Quer. Whether the violence of Lebanon a holy violence Hab. 2.17 be not of Habakkuks drunkenness that his estate be taken from him and bestowed on those are to inherit to preven the evil on his family the land and City Thus in Abigail 1 Sam. 2 5.18.19 Gal. 5. Shall not inherit the kingdome of God 1 Cor. 11.21 the Church-drunkards had the plague among them Hos 4.11 Wine and drunkenness take away the heart Deut 29.19 20. Isa 28.3 The crown of pride the drunkards of Ephraim shall be troden under foot have no imployment nor honor among men but be as that vessel in whom is no delight Vers 4. Their beauty and glory which consists in riches and greatness shall be as a fading flower and hasty fruit before summer Joel 1.5 God would have one generation tell another that the plagues of palmer canker locust were for drunkenness Vers 7. The priest and prophet err through wine and strong drink they err in vision and stumble in judgement and are out of the way Vers 8. All tables are full of vomit and filthiness so that there is no place clean 1 Sam. 25.36.37 Prov. 23.20 21 29 30. Hab. 2.16 Thou art filled with shame for glory drink thou also and let thy foreskin be uncovered The word in the original signifieth the taking away of one out of his place The cup of the Lords right hand shall be turned to thee and shameful spewing shall be one thy glory Vers 17. The violence of Lebanon shall cover thee and the spoile of heasts which made them afraid because of mens blood and for the violence of the land and the City and all that dwell therein Gen. 9.23 Jer. 13.13 This drunkenness brought forth that in which King Priests Prophets inhabitants fathers and sons became drunk spiritually and dash one against another Deut. 21.18 The son on his fathers exhortation would not leave his drunkenness was stoned as in vers 20. by all the men of his City Command the Eighth Exod. 20.15 Thou shalt not steal Statute Levit. 27.28 29. PSalm 76.12 Vow and pay to the Lord all ye that are round about him Deut. 12.17 Thou shalt not eat thy vows thou vowest to God Numb 30. The case of vows is handled when lawful when not in a man vers 2. a maid vers 3. 5. a wife vers 6 7 8. a widdow vers 9. to the end Judgement Jephthah Judges 11.31 36 39. 1. Not to pay is sacriledge or theft from God 2. The punishment exemplary in Ananias and Sapphira Acts 5. vers 1. to the 10. Appl. To Parliament people c. to remember the vows of God on your souls they are not paid God requires them Statute Exod. 21.16 He that stealeth a man and selleth him or if he be found in his hand c. Deut. 24.7 If he be found making merchandise of an Israelite or stealing of him or selling of him Judgement He shall surely be put to death Prov. 28.24 Statute Levit. 19.11 Ye shall not steal nor deal falsly one with another Exod. 22.1 If he steal an oxe and kill or sell it He shall restore five oxen If he steal a sheep and kill or sell it He shall restore four sheep Vers 4. If the theef be found in his hand certainly and alive whether it be oxe ass or sheep He shall restore double Statute Vers 7. If a man shall deliver money or scuff to keep and it
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