Ox may be said and done of like hurtful beasts 5. Why the Ox is to be killed I think is because it is written He that sheddeth as well beast as man mans blond his blood shall be shed Statute Exod. 21.28 If an Ox gore a man or woman that they dye Judgement 1. The Oxe shall be surely stoned 2. His flesh shall not be eaten 3. The owner shall be quit Vers 31. Whether he hath gored son or daughter according to this judgement it shall be done unto him 4. This is the judgement of him who before had not witnessed unto him that it would push Appl. To Judges Whether ye can dispence with the judgement of God for the Ox in his manner of death or flesh Statute Deut. 12.8 If thou build a new house thou shalt make battelments on the roof that thou bring not blood on thy house Judgement Quest 1. Whether the house were to be destroyed 2. Or a mulct to be laid thereon for the owner to pay Statute Deut. 24.16 The fathers shall not be put to death for the children nor children for the fathers Statute Deut. 21.1 If a man be found slain in the land lying in the field and not known who slew him vers 2. The Elders and the Judges shall come forth and measure to the Cities that are round about him that is slaine the Elders of the City that are next to him shall take a red heifer c. 1. The ceremony of the heifer then is the duty of humiliation now 2. The Case is often and shews the dwellers between Cities were judged by the next City Judges Josh 18.28 3. The duty is necessary that judgement for innocent blood be not brought upon us 4. By this means God may be intreated to reveal the murderer and men shew their innocency and clearness in the thing Statute Deut. 21.22 If a man hath committed sin worthy of death and he be to be put to death which was first done and thou hang him on a tree Vers 23. His body shall not remaine all night on the tree but thou shalt in any wise bury him that day for he that is hanged is accursed of God that thy land be not defiled Quest 1. Whether men may condemne by the law of God a man to be hanged before dead 2. Whether men may let a man hang one the tree all night 3. Whether a defilement of our land be not now as well as heretofore the Jews land thereby and what ceremony there could be in that 4. Whether the judgement be Gods a man is judged by and not the punishment we using not Gods but the Roman punishments Note Gal. 3.13 Cursed is every one that hangeth on a tree 1. First the sentencing any to death was not of the ceremonial law but the moral or judicial 2. The curse of the law to those under the law is as well since Christ as before 3. A Nation as I remember were never cursed through any ceremonies they belonged to the ceremonial law Now in this not only Christs but all before and since are under the curse of the law judicial in which was no ceremonies Christ condemned by the law by false witnesses 4. The condemnation was death 5. The curse was after death to be hanged on a tree Now shall we put men under the curse of the law God hath not put under the curse of the law Is it not enough that many dye when God saith they should not dye as in case of theft but that they should be accursed by the law also after death Statute Levit. 24.18 He that killeth a beast shall make it good beast for beast Statute Exod. 21.18 If men strive together and one smite another with a stone or with his fist and he dye not but keepeth his bed Iudgement Vers 19. If he rise againe and walk abroad upon his staffe then shall he that smote him be quit 2. He shall pay for the loss of his time 3. He shall be throughly healed Question is whether a man walking abroad and after in twelve moneths and a day dying or how long before he be quit seeing no time is set down 2. This must be with a stone or fist 3. This case is in case a man dyeth not 4. That he keepeth his bed 5. That he rise again and recover Statute Exod. 21.22 If men strive and hurt a woman with child ' so that her fruit depart from her and yet no mischief follow Judgement 1. He shall be surely punished or whipt as the womans husband will lay on him 2. The Judge arbitrarily may lay a pecuniary mulct on him 3. If mischief follow life shall be for life eye for eye tooth for tooth burning for burning wound for wound and stripe for stripe Statute Levit. 24.19 If a man cause a blemish in his neighbour Judgement As he hath done shall it be done unto him eye for eye tooth for tooth breach for breach Mat. 5.39 40. do not destroy this judicial law the one being given by Moses for judgement to judge those under the law by in the world the other given by Christ to men in the Church to live by who vers 47 are required to do more then others Statute Deut. 25.11 When men strive together and the wife of the one draws neer to deliver her husband out of the hand of him that smiteth him and putteth forth her hand and taketh him by the secrets Judgement Thou shalt cut off her hand Statute Deut. 24.16 No man shall take the nether or the upper milstone to pledge for he taketh a mans life to pledge Vers 10. If thou lend thou shalt not go into his house for a pledge thou shalt stand abroad and he to whom thou lendest shall bring it to thee If the man be poor thou shalt not sleep with his pledge but deliver it againe when the Sun sets that he may sleep in his own raiment Vers 17. Shall not take the widdows raiment to pledge Statute Exod. 22.21 Thou shalt neither vex a stranger nor oppress him ye shall not afflict any widdow nor fatherless child Statute Levit. 19.14 Thou shalt not curse the deaf nor put a stumbling-block before the blind Statute Levit. 19.17 18 Thou shalt not hate but rebuke thy neighbour and not suffer sin upon him nor avenge nor bear grudge against him Statute Numb 35.31 Ye shall take no satisfaction for the life of a murderer which is guilty of death but he shall be surely put to death Of how much evil and blood-guiltiness is this Nation guilty of vers 34. defile not therefore the land by traditions of men How hath this law been made void in times passed Note If the rule and government of God were restored many occasions of murther would be prevented all incouragements thereunto taken away and the fear of God fall on men to keep them from doing of it and bloodguiltiness from the land removed and the causes of the many plagues of pestilence which usually
is not left to any to take away the life of any but as God hath appointed which for idolatry is generally stoning by the hands of all the people 4. It is observed by some that when it is said His blood be on him then stoning is meant or otherwise when the death is not expressed then strangling but usually though the death be not set down in one place it is in another 5. In stoning the people were to shew their hatred of the evil committed that they and theirs might be free of the curse and judgement threatned against them for the same one man not being able to do the same by that or any other way of putting to death Judgement 1. Jezebel and the Priests of Baal slaine 1 Kings 18.22 and 2 Kings 10. 2. Ahazia sends to Baal-zebub and dyeth 2 Kings 1. 3. Belshazzar slaine praising his gods Dan. 5.4 5 30. Numb 25.2 The Moabites called the people to the sacrifices of their gods and the people did eat and bowed down to their gods in which vers 3. they were said to be joyned to Baal-peor Statute Levit. 17.7 They shall no more offer their sacrifices to devils after whom they have gone a whoring Judgement Verse 9. Shall be cut off from among the people The command binds affirmatively Thou shalt have me to thy God Now the way of Gods calling a people and becoming a God to them nationally is by giving them laws and they taking them from him and professing subjection to them as to their Gods commands whom they ought to serve To the keeping whereof God adds by promise many blessings as David Psal 19.11 In keeping thereof is great reward To the breach whereof are added many curses of body soul goods name family earth and heaven all are shut up to men for it The which giving of laws royally to his people is the only work and prerogative royal of God and therefore is the law moral called the Royal law Jam. 2.8 and thus the Scripture saith There is hut one law-giver who is able to save and destroy who art thou that judgest another Jam. 4.12 And hence are all laws of heathens said to be no laws and they without law and all the ordinances and the corrupt expositions of the law made by ancient expositors and received by their children among the Jews called traditions and they were such as made voide the law among them that had it In which it appears there is no law but Gods nor no true law-maker but God law government and judgement among Gods people especially being his Lastly As we must not have another God so we must not have other laws then Gods God will not govern by any other then his own laws Behold I pray by mens deelining Gods laws what laws have been brought out since the reforming times as in the 6 Articles in Hen. 8. time the book of Sports and many laws since repealed What is become of the Judges Justices and men made and executed those laws so contrary to the Lord and his law Solomon brings in wisdom Prov. 8.15 saying By me kings raigne and the princes that is those of the supreme councel do describe Justice that is to those judges consult with them about difficult cases without whom the difficult cases would as well be hid to them as others Now if justice be so hard a thing to be executed by men who not only have the law but use the law and the help thereof to do justice by that without wisdom or Christs help they cannot describe it how shall those describe it that use not the law to help them which ought to be their help and so tempt God not to help them extraordinarily for not using the ordinary help of God And that he speaks here of the great councel is clear they being next to the king and then he speaks of the ordinary Juges in the verse following to whom justice was to be described which is significantly set down Deut. 17.11 From Jeremiah 35.6 some there are contend to maintaine the law and customes we have in this Nation received from our fathers because the Rechabites stuck so close to theirs To which I answer 1. That the Rechabites were subject to the judicial law as the other Jews were 2. These traditions of theirs were not forbid nor commanded of God that the magistrate could not forbid the doing what they did 3. Nor were there any judiciary proceedings against such as should not have observed those traditions they being indifferent things only it had been no sin to them if they had drunk wine or dwelt in houses or planted fields with seed 4. So that these not standing in competition with the law of God they were not disabled from observing one and doing the other also 5. The father of a family may ingage his sons and servants to such-like duties as depending immediately on his rule but it may be unlawful to a Magistrate to impose the like ordinances on a whole Nation Command the Second Exod. 20.4 Thou shalt not make to thy self any graven image c. Statutes against idolatry HAbac 2.18 The idol is a teacher of lyes Deut. 4.16 17 18. Is forbid any graven image or similitude of any figure or likeness of male or female of beast fowl creeping thing or fish Sun Moon or hoast of heaven Exod. 20.23 Ye shall not make with me gods of silver nor shall ye make unto you gods of gold Levit. 26.1 Ye shall make no idols nor graven images nor rear up any standing image nor shall ye set up any image of stone to bow down Exod. 34.17 Ye shall make no molten gods Levit. 19.4 Turn ye not to idols nor make to your selves molten Gods Dout. 4.23 Take heed to your selves lost ye forget the Covenant of the Lord which he made with you and make you a graven image or the likeness of any thing which the Lord thy God hath for bidden thee Levit. 18.21 Thy seed shall not pass the fire to Moloch Judgements on Idolatry I. On the Nation or people Deut. 9.12 They have made them a molten calf vers 14. let me alone that I may destroy them and blot out their name from under heaven Exod. 32.27 Deut. 4.16 If ye corrupt your selves and make a graven image or likeness of any thing Vers 26. I call heaven and earth to witness ye shall soon utterly perish Vers 27. ye shall be scattered among the nations Vers 28. and serve gods of wood and stone II. On a person Deut. 17.4 Man or woman worshipping the Sun Moon or host of heaven Vers 5. was to be brought to the gates and stoned to death Lev. 20.2 If an Israelite or stranger who ever he be giveth any of his seed to Moloch he shall surely dye the people of the land not of the City only shall stone him with stones Note Vers 4. If the people of the land any way hide their eyes from that man and kill him not vers 5.
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
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