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
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 Isa 42.21 The Lord is well pleased for his righteousness sake he will magnifie the law and make it honourable Richard in Paules Church Yard Att The London Printed for Richard Moon at the seven stars in Paul's Church-yard neer the great North-door 1653. To the Supreme Authority THE PARLIAMENT OF THE Commonwealth of ENGLAND Right Honourable THe men without law that is the Nations to whom God had not given the knowledge thereof were a law unto themselves and made laws of their own wherein one man became as a God to another but we which have the law of God and use it not as a law are indeed in a kind as those Gentiles were altogether without it or worse who by our traditions for so indeed are humane laws have made voide the laws of God Mat. 15.6 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 thus the Pharisees had unauthorized the law of God before us Concerning the ceremonial law Mar. 7.8 and the moral law v. 10 11 12. by which then as now the word of God was made of none effect v. 13. and was committed in many things besides these particulars that are set down and expressed when man and not God reigneth nor doth God whiles his laws judge us not judge but man the law of the Nation and not of God untill men are judged by Gods law judgement is not the Lords but Justinians Gratians or other mens upon which the people imploy their time and study but if Gods laws were set up among us by his Bible or Statute book every man would easily become a lawyer where no acts are ever to be repealed but out-last those of the Medes and Persians No word must be added or diminished there is therein no more or less then should be so full hath God made it to govern by Deut. 4.1 2 6 8. the Ruler of the people was to have it alway by him and not to turn from the right hand or the left Deut. 17.18 19 20. It was the excuse of the Heathens they knew not the law to make use thereof it was the wickedness of the Papacy that it was not used therein though they knew it they well seeing that both they and their practice were under the condemnation thereof and that they had no authority thence to set up themselves and Lord it over the world putting themselves in the place of God without God But yee O yee Princes of the people into whose hearts God put it to give assurances to the nation that your desire is to make it happy which the Lord tells you consists in setting up Gods law Rom. 9.4 Deut. 4.6 7 8. God hath laid ingagements on you as on his people of old Deut. 4.24 though other alterations in the State were troublesome God will prosper you in this and in your undertakings for this remember ye have the ingagements of men upon you and of God on you and of vows made to God on your own souls O what shall or can hinder you need not fit a day to do it it is done for you to a word in the word untill when nationally we are not the people of God Iam. 4.12 tells us there is but one law-giver consider then what it is to give a law that is not according to Gods especially when we have the law by us and are not to go to heaven or beyond the Seas for it and I pray consider that the Gentiles Rom. 2. though they had laws of their own to judge by yet not having Gods law they are said to be without law and observe well thence what God may say of us our law and judgement Do O do as Iosiah did 2 Kings 23.2 3. bring forth the law do you and your people make a covenant and all the people with God to restore and obey the law in the commands the statutes and judgements thereof so shall no injustice nor oppression be used in the land this is the New Earth which the Saints even in the Apostles dayes dayes looked for in which dwelleth righteousness 2 Pet. 3.13 the Romans having destroyed that government before and hath laine hid to this day in the word untill which the foundations of judgement and justice being out of course though you are never so wise just and willing to do the nation good ye cannot for the foundations are out of course and what can the righteous do saith David And let not the cry of the Prophet take hold of you Psal 119.16 Vp Lord for men have made void thy law Examine I pray if your laws have not in some kinde made void Gods laws which is the greatest guilt of a nation that may be under which we have layn ever since we had the knowledge of it amongst us Give me leave to tell you It is not enough you have put down the power and authority but you must put down the rule of the fourth Monarchy also as the Apostle saith 1 Cor. 15.24 O that ye might be honoured of God to put down that and set up the Lord and not your own when indeed ye shall be healers of the nation and restorers of the paths to walk in on which I beseech you to look as on that is Gods work and your chiefest duty to set up judges in the right place of judgement that they judge according to the law that judgement may be indeed the Lords and they called gods in which you shall do more for the nation then all the Parliaments ever were and deliver your own souls make prosperous the people establish authority and rule compose the differences in being among us and make the people one for it must be God that must make those of one house much more those of one nation to agree whereby ye may onely do it to which I leave you and pray the Lord to help you and direct you therein and remaine A faithful servant and well-wisher of you all in the Lord John Brayne THE foundation of all the gracious dealings of God with men hath alwayes been laid and began in or with Covenants in which God takes a people as a man a woman and espouseth them to himself Exod. 19.8 24.3 7. where in stead of the blood of the sacrifice we have Christ to make it in 1. There is the first covenant the Mediator or Minister thereof was Moses which was legal and made with all the people That they should keep the commandments the Statutes and Judgements set down in the books of Moses Deut. 5.1 2 3 5. vers 27. The blessings of this covenant were temporal for this life when it was broken temporal blessings were withdrawn The Kings of Israel as Josiah 2 Kin. 23.2 3. renewed it Deut. 29.10 11 12 13. 2 Kings 11.17 And another then this legal covenant
from imprisonments in their persons from being deceived in their causes and from being overborn in their judgement which by delay of judgement great men have much advantage offered them to corrupt judges hinder justice and get false witnesses and many condemned persons escape punishment and innocents by long imprisonment are undone in their estates their families and repute among men 4. Gods wrath for delay of justice lyeth heavy on the nations daily and wicked mens hearts are set in them to do evil because that judgement is not executed speedily on those that do wickedly Eccles 8.11 5. Paul observes Heb. 10.28 He that despised Moses law dyed without mercy under two or three witnesses Consider now how shall we in keeping up another law then Moses to Judge the Nation by free our souls from despising Moses law 6. Joh. 7.51 Doth our law judge any man before it hear him and know what he doth 7. Moses in the higher and weightier causes he was to judge of he would not proceed if he had not heard what to do in the matter from God all the judges of the world should take notice of this thing well and consider if it be not a dangerous thing to judge of any case contrary to the judgement God hath revealed in his law or punish any man for a fault otherwayes then God hath set down and where they are not to desist from judgement untill they have consulted with God in his word what to do therein as Moses did If they do otherwayes whether they are not to give account therefore as well as he to God Rom. 2.1 For clearing of what I have before laid down and that that followeth consider with me four generals 1. That those are not under the rule and government of the law in that way the law appoints are those the Scripture saith are without law that is without the publike exercise thereof and rule among them 2. There is a being without the law that is all the true knowledge of the law as infants ignorants Atheists of which Paul himself said of himself that he was without the law and this is from the sence and understanding of it Rom. 7.9 3. There is a being under the law in the external government of it in a Commonweal and in the condition of the soul as it is in unbelief Gal. 3.23 before faith came we even Jews and Gentiles were shut up under the law 1. Those under the law internally are to be under the external form of the law to be guided and instructed thereby as by a Schoolmaster to bring them to Christ 2. Those without the law are not freed from the law though they are judged by another law Gal. 3.22 The Scripture hath shut up all men under sin that is the law even all those which are without law and those under law also 3. All which prove the law of God to be the rule to judge by that it is indeed the Magna Charta Suprema Lex and Salus Populi and now only is judgement the Lords The second General to clear that that followeth is Deut. 6.1 These are the Commandments the Statutes and the Judgements 1. By the Commandments I understand the 10 words given in two Tables by God to Moses on Sinai Exod. 20. which was the ground of Statutes 2. The Statutes are the several cases depending on each Command and arising out of them and set down to direct the Judges how to Judge according unto God in the matters of God laid down in the first Tables and in matter of men in the second they being the absolute decrees of God Judges and Judged must rest in from whence is no appeal and is the ground of Judgement 3. The Judgement contains the sentence added to the breach of every law for punishment or to obedience of the law for couragement therein the promises of good and mercy and is only proper to Gods law and curses added to his law not mans which is an empty law Third General I. That though in the 4 last books of Moses is an oft repetition of the Statutes and Judgements yet usually there is inserted in each of them some weighty distinction and not without great reason repeated which because of my necessity and brevity of time of writing with my other imployments I have omitted to observe leaving it to your selves to do as being the sole object of your study and rule of life to live by II. That as in the beginning God divided government committing some to Moses in the judicials and other to Aaron in the ceremonials 1. Moses government in the law is not destroyed Mat. 5.17 and cap. 23.2 2. Aarons Priesthood and with that his government ceaseth and in the place thereof Jesus Christ by the Fathers appointment is set up Heh 7.11 12 15 16. 3. So that now as first there was Moses and Aaron so now there is to be to the end of the World Moses and Christ to rule and govern the World by 1. Moses in the World or State under the covenant of works also the servant of Jesus Christ ruling for him because he is not of he World 2. Christ in the Church among the Saints or believers under the new covenant of grace among whom the Lord himself is being one of them III. Those words Exod. 20.2 I am the Lord thy God cannot be said of nor applyed to any in that way as the words are delivered but to those 1. That have covenanted with God in the way of the law as the Israelites did 2. That are under the rule and government of the commands the Statutes and Judgements contained in that law Object That was spoken only of those God brought out of Egypt and concerns not us Resp As the Jews were under the bondage of Egypt and were restrained from Gods service and were then not in covenant with him nor had not his law to judge by so we have been under Antichrist in Babel and have been restrained from Gods service and were then not in covenant with the Lord as they were not nor is his law set up as a rule to judge by among us so that when God shall have brought us out of Babel and set up his laws and brought us into covenant with himself according to Moses it shall then be as binding to us that God brought us out of Babel as to them that he brought them out of Egypt Jer. 16.14.15 They shall no more say The Lord liveth that brought them out of Egypt but out of the north countryes Jer. 23.7 8 9. Note Under the first covenant God was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 under the second 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hos 2.16 In the one God is as Abram to Hagar whose son she had by him was to be cast out under the Gospel-estate which was fulfilled in the casting out of unbelievers from the society of Saints they being not to inherit the promise that is Jesus Christ Gal. 4.30 which work was then done
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-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
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
knowledge of the law was yet said to be without law How much more may those Nations who have the letter and yet have not the rule and government of it be said to be without law O remember 2 Cor. 6.1 exhorted them not to receive the grace of God in vaine You have the law in the Bible which the heathens had not O receive not so great a grace in vaine so as not to rule by it chusing rather to be a law unto our selves as those heathens who had not the knowledge of the law then having the knowledge of the law to have Gods will and law a law unto us 4. Those without law are said to perish without law so that it is a sad estate to be without the law 5. Though we are without the rule and judgement of the law we are not without the knowledge of the law we are under that which will necessarly bring Judges and judged at last to be by God our Judge judged according to that and our own law for our law is no law with God Object This is to make one shooe serve for every foot Answ Is there any shooe will fit our foot as that nay but that that of Gods making will not that of mans be it made as well may be yea though it had the same in it as Gods yet it wanted by far of that Gods because God made it 2. Doth not that that fits one nation fit another are we not all of the same nature the unfitness must be either in respect of the law or our selves Note 1. The unfitness cannot be in the law it hath all fitness of goodness righteousness judgeth us with perfection and so none is fit but this 2. Nor is the unfitness in the people 1. They are sinful and need a law 2. They are rational to understand the law 3. They have desires to serve God according the law 4. They are lyable to punishment if they obey not and to whos 's more justly then to Gods Object Rom. 6.14 Ye are not under the law but grace Resol 1. Ye that is the believers at Rome gathered out of the state of the world into fellowship with Christ in the state of the Gospel being by Christ redeemed from under the law are not under the law 2. Saying ye are not the Scriptures imply all but they in that estate thus redeemed were under the law or the work thereof in their hearts yea and they also in the outward man Rom. 3.1 2. Object Rom. 3.19 What the law speaks it speaks to those that are under the law Resol Now if any shall say we are under the law of God 1. Why do we not rest in the law without setting up of laws of our own to judge by Rom. 2.17 1. What other law judgement or punishment ought to be executed but that among those are under the law 3. We never nationally covenanted with God in it nor was it ever nationally acknowledged to be our national rule and government nor its form set up among us 4. If we are under the law what heathens in the world ever were not 1. They had law which were the works of Gods law in their heart as well as we 2. They had this when they had not the written law by them as we have 3. We having the law of God by us to rule by judge by punish by and yet ruling judging and punishing by our own we are worse then the heathens and by our traditions make void the law 4. The heathens all had rule and government as we have and laws as we have and are yet said to be without law because they governed not by the law of God and so are we at this day Again if any shall say we are not under the law 1. Question is Whether of right we ought not to be or no. 2. Or whether it be not prejudicious to Gods glory and to his truth and the peoples prosperity that they are not If any say of right we ought not to be under the law 1. As well might that man say God ought not to rule 2. People may do well enough without government against that 3. And there are no sins strifes controversies contentions among us and so we need no justice judgement or punishment to be inflicted If any say Of right we ought not to be under the law of God but out own 1. By your traditions ye make voide the law of God Gods is the law that hath authority and command onely and indeed in it yours are but traditions at best which like Hagar set themselves up above Sarah 2. You having Gods law shall be judged at last by it and not your traditions God will judge by it and not yours 3. If our law be not according to Gods we shall at last be judged for our judgement 4. He that will not have Gods law to be his law shall not have God to be his God Exod. 20. before and with the giving of the laws covenant he in it saith I am the Lord thy God in the peoples taking of his law they took him and he them and so he deals with all If thou say Of right we ought not to be under the law but our traditions for we have a long time been under them and they are the best in the world 1. The neerer they come to Gods the better they are 2. But being not Gods which onely is the Royal law 1. They are not so good as his nor to be compared with them 2. They are not to stand in competition with the Lords if they do man assumes the place of God to himself and dethrones God God will rule by none but his own shall men again say they will not rule by others but their own 3. To those that say of this or that or any law that its better then Gods tell them it is blasphemy to say so and that man as James 4.11 he speaketh evil of the law and judgeth the law If thou judge the law thou art not a doer of the law but a judge Many such Judges there are and but few doers 4. If thou sayest thy law is not so good as Gods why doest thou not chuse the best O but we have been a long time under them 1. So long thou hast been without law 2. And without God in the way of the law 3. Ever since many plagues have been heaped on the Nation and multitudes of blessings detained from them 4. And other lords besides Jehovah have tured over the Nation 5. The people have been under tyranny and oppression and many unjust traditions according to the will of men contrary to the will of God as in the Acts repealed and the mariage-money in Ireland and Scotland paid c. O the nation will best bear our own laws 1. The corrupter a law is the better natural people can indeed bear it 2. Every people that will be Gods must bear his yoke 3. The people will be bettered
and Thummim will tell them and shew the judgement to them when they have a cause to require thereat Object The Law saith men must not turn from the right hand or left thereof Resp True Those that know the law in the known causes thereof are not to decline from that nor are the Judges concerning the obscure cases to decline that sentence of the law that doth accord therewith in the book of God though it be not particularly set downe and nominally expressed and added to that iniquity particular Object David committed Adultery and Murther and was not slain which was a type of more mercy to be ministred under the Gospel then under the Law Resp 1. Some will say David being King and supream Magistrate there was none under that government then would judge him but God did judge him in his house his wife his children as in the Story is set forth abundantly after 2. And more truly Davids Adultery and Murther was so hid that there were no witnesses appeared to accuse him and though God knew it few in the world else did 2 Sam. 12.12 but these consented thereunto 3. David marryed Bathsheba after which indeed did seem to be according to the law but being a Whore it was not 2 Sam. 12.9 10. 4. David was a type of Christ in many things 5. God might dispence with his law for wonderful sweet ends and good for us though by such wayes as we understand not the justness of them 1. If men writing the Scriptures had not had our fallings and been subject to our temptations we could not have had that comfort now we may have in the Scriptures 2. God suffering them to fall would not with their fall take them away that had not been a support but terror 3. By this God would shew that though the bodies of those for such like sins suffer yet they believing and repenting their souls may be saved in the day of the Lord. So that the use hereof is good exceeding good to those that do suffer 4. Many of the Saints as David are guilty secretly of these fins and were it not for David would have sorrow without hope as it were 5. By Nathan God having discovered his sin and he repenting God is said to put away his sin that he should not dye 2 Sam. 12.13 1. Here is the putting away of his sin which upon repentance many others may do and yet not be freed from death 2. Here expresly is not onely one but the other also by the Prophet from God revealed that it should be made good to him 3. God punished him in his house his wives his children as before Object Gen. 49.10 The scepter shall not depart from Judah nor the Law-giver from between his feet c. so there was a Law-giver Resp 1. This was spoken before the Law was given where men made Laws 2. The word for Law-giver signifies a Scribe If any should give the Law he had the Scepter and not him between his feet 3. This he between the Kings Feet was but an assistant to him to shew him what the Law was in cases brought before him out of the Law of God which was to be alwaies by the King Conclusion O that when the Covenant was sent to the Nation it had been done according to the minde of God! that is as Covenants were when nationally by Kings and People made with God viz. by taking the law the Statutes and Judgements of God to be our law and to be ruled and judged by it onely and take God with the law to be our God and all other law to be laid aside and known no more of us so had we done the work of God and a heavenly blessing would have followed it Since which the effects of that ignorant blinde Covenant have been nothing but confusion division war and trouble to our selves and others O ye Princes and People though ye are in all these yet if you will obey and receive the Lord and his law this day ye shall be healed of all your confused distempers and be saved 1 King 8.57 The Lord our God be with us as he was with our Fathers let him not leave us nor forsake us vers 58. That he may incline our hearts unto him to walk in all his ways and to keep his Commandments and his Statutes and his judgements which he commanded our Fathers Deut. 5.29 That it may be well with us and our children after us for ever Amen And ye O ye Universities of Oxford and Cambridge a visitation from above is drawing near to visit you and the most just God the visitor who will judge you according to the judgement of the great Where Ye can now no longer delude nor captivate men with specious pretences for God will take you away and set up wayes of learning of his own 1. Your rise was from the Pope even Celestine the Emperour Theodosious twelve Cardinals and multitudes of Arch-Bishops Bishops c. about the year 423. 2. You by being governed and advanced and educated by his adherents and set up to accomplish his ends came to be the onely means to make void the order of the Church who first chose her Ministry out of her owne societies and members but now are taken out of the University be they what they will and put on them whether they will or not to the utter extirpation of the Churches priviledge by which encourgement to learning and knowledge in all the Church-members was taken away to encourage such as made a trade of it in the University the Church-members resting on their teaching onely and never respected any power of teaching to be obtained by themselves in the now Church-way the Church being robbed of it 3. You plead for your practice the Scripture as if it were your pattern 2 King 2.3 there were sons of the Prophets at Bethel and ver 4. there were more at Iericho 1 Sam. 19.20 a company of Prophets are standing and Samuel standing as appointed over them 1. These Sons of the Prophets were such as were educated in the writings of the Prophets and read them and did more eactly discuss the Mystereis thereof then in the Synagogues Those bred in these houses were immediately fitted for the Synagouge-xe hortation and reading 2. The first of their education was reading and well understanding of the word as writing and this fitted him as a Scribe 3. After this they were taught the sence and meaning of the word either in the literal or historical the prophetical or typical part of it and then they came to be disputers of the law or Pharisees in which order Paul was 4. God usually raysed up of these that faithfully gave themselves to the study of the Law and taught it Prophets to foretell things to come as Elias and Samuel And those other hundred Prophets mentioned 1 Kings 18.13 in which places those that were Prophets for confirmation of their prophesies and call did usually teach as appears
was not made with the Nation or people of the Jews by Moses Jer. 7.22 23 24. Josh 8. ult 2 Cor. 3.14.15 2. There was a new covenant in which not Moses but Christ is the Mediator which is a better covenant having not the law written in tables of stone but in the heart Heb. 8.10 which had better promises vers 6. and Christ said to be a Priest of good things to come which was only made with believers in the Lord Jesus Christ in whom the law is kept only and indeed in shadow of which God after covenanting with him in the Mosaical covenant he gave Aarons Priesthood from Exod. 25. to the end Note As a Nation cannot subsist without rule and government in any order nor be without food and raiment nor continue or remaine if God curse them and bless them not so it is necessary for these that a National Covenant be made with God by us for the binding our selves to God to keep his commandments Statutes and Judgements and is as necessary for us as ever it was for the Jews by which God becomes engagedly the God of a Nation and they again his people and not nationally as before for by the new covenant God is not the God of a nation but of believers onely in a nation joyned to Christ in the way of the Gospel Object The New covenant implyes God hath made the first Old and that which decayeth and waxeth old is ready to vanish Heb. 8.13 Resp As Christ and Moses destroyed not one another nor the Gospel destroyes not the law so nor doth one covenant destroy another nor is the first covenant old but to those only that are in the second in which the first is as it were swallowed up or received into But to those that are onely under the first To them the first is so as if there were not a second and those under the second are so under that as if the first were not Note Men are to be first under the first or Sinai and thence come to Sion Heb. 12.18 22. and so Moses is a Schoolmaster to bring us to Christ Gal. 4.24 Rom. 9.4 Heb. 9.15 12.18 24. Illust As in the beginning of the goverment of the Jews Commonweal there was a rule set up for Judgement among the people called judicial laws to govern them by in which was the Kingly goverment of God and the law called the Royal and there was likewise the Levitical Law which appertained to the service of the tabernal in which Christs Priesthood was set out in things appertaining to God for the people which distinct estates are in a kind reserved among us this day in the Church and State As in Moses and Aaron so now should it be Moses and Christ But the Romans conquering Judea according to the prophecie Gen. 49.10 they put down their rule and government that they could put no man to death Judgement was now altered into the customs of the heathens and there ever since it hath continued and no nation in the world ever since taking God or God taking them to be his people as of old though lately we in a wrong way seemed to do it for at the renewing of the covenant the law and the statutes and judgements were only read and the people ingaging themselves to keep them a never did any Gospel-Church do any such thing nor shall ever do it nor were they the Church-paterns Antichrists mark is set down to be 2 Thes 2.8 one that is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈…〉 without law that is he exerciseth not the law of God 〈…〉 up the covenant of the law but brings all the world and 〈…〉 to one estate which if he had not done or if we do not do we shall finde the one is as necessary among men in the world as the other in the Church And hence Antichrists workings are called the mystery 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of lawlesness by whom the laws administrations are destroyed Object If we have this covenant we must have circumcision Resp The Apostle clears it Gal. 3.17 The covenant that was confirmed in circumcision before of God in Christ the law which was four hundred and thirty yeers after cannot disannul Now this covenant I speak of is distinguished from that by Moses thus Deut. 5.3 The Lord made not this covenant with our fathers but with us in Horeb even us who are all of us alive this day John 7.22 Moses gave you you circumcision not because it is of Moses but of the fathers Quest If this covenant be not sufficient to make men capable of baptism and whether men were not circumcised by this Resp Men were not circumcised by this but that other covenant spoke of Deut. 5.3 and was long before this 2. Baptism belongs to the second not first covenant in which God becomes our God not by doing but believing not by works but grace not in Moses but Christ Object The Apostles required not this in their time Resp 2 Pet. 3.13 They looked for a New Earth that is a restoration of that administration of the law to be but not untill the fall of Antichrists rule and government being of the fourth Monarchy 2. The law was for the worlds government that that they did concerned the Church and the new covenant onely and not the world 2 Chron. 15.12 13 14 15 Nehem. 8.1 2 3 4. Note Both covenants are necessary when they may be had and without the covenants is no promise Eph. 2.12 the heathens were Aliens from the civil estate of Israel Beza and strangers from the covenant of promise speaking of them both And thus it is with us this day Of Judges Note The Lord hath promised he will restore Judges as at the first Isa 1.26 and in them judgement and it was the great wrath of God that they were taken away out of the middest of the people Amos 2.3 and would it not be a mercy if this people might have them that never had them as at the first The first were of Gods institution and best those of other forms since of men and far worse O let our Judges be as at the first Moses the first of Judges by Jethro's advice Exod. 18.16 dissolved Monarchy in rule laying it down for his own and the peoples ease God consenting thereunto gave the people laws to be governed and Judges to govern them by who are described to the people Exod. 18.22 that they chuse not amiss who in the beginning of the government and after were chosen of the people Deut. 1.13 16.18 for which service men may be easily fitted in that the law was daily read in the Synagogues which was expounded by the Prophets and wise men sent of God to them which cannot be done in our law it was the Sabbath-work and service of God to teach it daily in publike and private and shall this law be thus laid aside neglected and not studied for the bramble-rule of the world and was subverted 1
Sam. 8.1 Hear ye Judges Deut. 25.1 If the controversie come to judgement that they may judge they must judge Luk. 12.58 ye must judge the people with just judgement Judge righteously between a man and his brother and the stranger that is with him Deut. 1.16 vers 17. Ye shall not respect persons Ye shall not take a gift for a gift doth blinde the eyes of the wise and pervert the words of the righteous 1 Sam. 12.3 5. Exod. 23.3 thou shalt countenance a poor man in his cause vers 6. thou shalt not wrest the judgement of thy poor in his cause vers 9. thou shalt not oppress the stranger vers 7. keep thee far from a false matter and the innocent and the righteous slay thou not Prov. 28.21 To these Judges set up in every City 2 Chron. 19.5 Deut. 16.18 seventy two called the Sanhedrin were added and joyned to them 1. While Moses lived he supplyed their place Exod. 18.22 after him Deborah Samuel and the rest succeeded Moses judging Israel in the difficult causes that others could not judge being brought before them God had eminently gifted and raised up some to rule untill the time of the kings 1 Sam. 7.16 17. or when these failed at any time 2. Then as in Deut. 17.8 9 10 11. such of the people as were thought to be most able and fit to judge were set a part to judge the difficult cases of the people Exod. 24.14 2 Chron. 19.8 10. though ordinary persons Those that judge justly for God 1. He hath honoured before the people Exod. 22.28 Thou shalt not revile the Gods nor curse the ruler of thy people 2. He establisheth that rule is according to his word Deut. 17.12 The man in the difficult case that will do presumptuously and not hearken to the Priest and Judge that man shall dye 3. He encourageth them to go on and fear not man because the judgement is the Lords Note Herein is the ground of courage only If ye judge unjustly the curse of God and the people is on you Deut. 27.19 Cursed be he that perverteth the judgement of the stranger fatherless and widdow vers 25. Cursed be he taketh a bribe to slay an innocent person vers 26. Cursed be he confirmeth not all the words of this law to do them Look what the Law saith God fulfils Of Judgement WE are sure the judgement of God is according to truth Rom. 2.2 but not that mans is so Deut. 1.7 Judgement is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to God or is Gods and is not mans one man of himself cannot assume the authority but in the way God hath ordained and under God and when he hath the authority he hath it not but to put in execution Gods law if he have it and his judgement for judgement is the Lords Jam. 4.12 There is one law-giver who is able to save and destroy Who art thou that judgest another Numb 15.16 Note The written word given the Jews for rule and government is indeed the law the rule and government of God and all Nations that rule not hereby but by the work of that in their hearts Rom. 2.15 As the effect depends on the cause so the work of the law on the law if there had been no law there had been no work of the law in men O distinguish between these our laws are but the work of the law though the law hath wrought more strongly on us then others who had no knowledge of the letter of the law at all Judgement shall be one to the stranger and he that is of your own country Lev. 24.22 and so is no place for civil law or mixt laws of Nations with us the small are to be heard as well as the great Deut. 1.17 every mans cause heard alike vers 16. Levit. 19.15 Ye shall do no unrighteousness in judgement thou shalt not respect the person of the poor nor honour the person of the mighty but in righteousness shalt thou judge thy neighbour They were not to take bribe or reward 1 Sam. 12.3 Thus Moses Numb 16.15 so that tribute and custom I suppose arose under the government of Kings and was not under Judges 1 Sam 8.17 That judgement might run down as a stream and be free to all as water to every mans occasions and uncorrupt 1. It was given in the language of the people having many promises from God for obedience which by adhering to the law of Nations men lose and it had many curses added to disobedience which had place in the hearts of men to keep them from breaking the law and keeping them in obedience O what law is like this to do a people good which cannot punish disobedience with curses nor obedience with blessings as God doth 2. It was part of the worship of God to have it read and expounded to the people which cannot be of mans laws That none should be ignorant thereof it was preached and taught at home and abroad publike and private Deut. 30. from vers 10. to 16. and pressed on the conscience daily Joh. 7.49 This people that know not the law are accursed 3. It was to be free and cost nothing 4. Exod. 18.22 It was to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in all time that is whenever occasion called on them to do justice So that after the setting up of Judges we have only two causes for which men were committed to ward Levit. 14.12 Numb 15.34 which was onely for the difficulty of them when that Moses durst not pass sentence before he had enquired of God what the judgement was so careful was he in the matter of judgement that it might be Gods and not his Exod. 24.14 5. This cause is taken away now from us for then the law was not revealed but now it is and we have the minde of God so as that not a word must be added thereunto and the Judge must not decline from the law in judgement neither to the right hand nor to the left Deut. 4.12 Gal. 3.15 6. Two Judges were appointed to be set in all the gates of the Cities in the land Deut. 1. so that the people were not forced to go far for law that was neer them in the word nor for justice it was at their doors 7. Every knowing man was a lawyer he needed none to plead his cause it was laid down so plain and stated so clear in the word by God for them Ap. Who now would leave the pure steams of justice that came out from God and rise in him for the muddy streams of Justinian Gratian and other blind and ignorant men Isa 10.1 2 3 4. Ap. Who would not submit rather to that judgement that is Gods then to that that is mans and do as Paul appeal to the supream judgement which is beyond Caesars and above it if he might be tryed by it which Paul could not then be 3. What liberty would this bring to the nation what freedome from expence in their estates
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
beasts that perish 5. The Jewes were therefore called a People because they had a God and were guided by his laws and sought the good of one another and not the hurt as the afore-mentioned beasts who were such as lived by preying one on another the worst of all which herein was the last of the Roman Monarchy which under the authority rule and power thereof is still the beast fore-spoken of 6. The question is whether a society of men altering that law and setting up any other besides that of Gods under God and set up other authority and power then that of Gods as set downe in the Scripture be not a beast in Gods account still though another beast from that which was before Not that I say there shall be any for there are to be but four beasts or Monarchies the fifth shall be the dominion of Christ when the Saints shall rule the world Que. If the judicial law be not equally a rule to govern a Commonweal by as the Gospel is to rule the Church by on the same grounds and reasons Que. If it be not an abomination before God while men have his law to set up Jus humanum if any such things were in the place of Jus divinum being the act of Antichrist 2 Thes 2. who was without law setting himself in place of God making law of his owne Que. If there can be any safety to judge by our law seeing God will judge all men by his owne that have his law as we say we have Rom. 2.12 13. As for war it was 1. Referred to men chosen therefore and the Judges took no cognizance of it in judgement 2. The laws and directions therefore were particular and distinct from the judicial law 3. This war against Antichrist being Gods as that against Amalek both having their time and fulness of sin expired the rules for the one are rules for the other in an eminent way which ought not by the General and the Councel of the Nation for war be passed by lest it become our sin and we in the end suffer for it 4. Inquire into the reason why the plague is fallen so heavy on the Souldiers in Ireland and ye shall find it is of God for their not fulfilling his judgement This general position is to be concluded on That whatsoever is not properly comprehended under one of the ten Commands belongs not unto the judicial law but the ceremonial as Tythes c. 2 That that is referred to any of the commands must be for judgement and rule Quer. If now there be any ground to us that the sale of lands should be onely for 50 years to the Jubilce or if that were meerly Ceremonial or in a mixt law 1. It did shadow out the restoration of mans fallen estate by Jesus Christ 2. Christ was to begin his ministry then under whom was to be a special freedome of what was under the law or Moses The Morality say some appears of this in that 1. It is under the eighth Command Thou shaltnot steal 2. Or under the tenth Thou shalt not covet Object 1. The equity of this ceaseth in that all had of that land part but few have of this 2. God laid a special claim to that more then any Que. If God layes not the same to the lands of others because judged of God forfeited cast out c. 1. Pro. That Law God Judges by is the fittest law for judgement But this is the law God judgeth by Ergo it is the fittest law for judgement 2. Where Judgement is not Gods it is not true But where the law is not Gods the judgement is not his c. Q. If to make laws when we have the law of God be not against the law and God 1. Against God taking away his prerogative 2. Against the law making that void having but the name of law 3. By this means men are in the place of God and God hath no place among us Pro. When men judge by the law of God judgement is Gods and not else but in this Nation men judge not by the law of God Pro. As the law and judgement should be Gods so the authority should be his Additional Two things I had forgot to clear 1. Whether the Lawyers as Zenas in Titus 3.13 and those others mentioned in Matthew and Luke were of divine institution and serve at all to prove the Lawyers and their now-practice among us Resp 1. Their institution is not in the law as an officer of the court but arose among the rest of corruptions among the Jews 2. They expounded the law in the Synagogues and not plead it in the gate of judicature before the Judge 3. They cleared or interpreted difficulties in the divine law only and serves not to prove a practice of men undertaking to plead the laws of nature or of nations but shews that their law and pleadings make void Gods and its dispensation 4. As for Joseph the counsellor he was a counsellor of the Jews republick one of their seventy that counselled by the law of God and not of men in a way for publike safety not private gaine 5. Or it may be he was a counsellor to the Roman estate because in favour so much with Pilate Second concerns widdows Quest Why in dividing the state they had so little of what was left by their deceased husbands 1. She was to return to her fathers house again as in Tamar Gen. 38.10 Remain a widdow at thy fathers house Levit. 22.13 If the Priests daughter be a widdow or divorced c. and is returned to her fathers house as in her youth she shall eat of her fathers meat Numb 30.10 speaks of the widdows vow and if she vowed it in her husbands house or dayes as appears in the 11 vers and he heard it which shews after his death she left that was his house and went to her fathers yet her children were not to forsake but help her also of she needed 2. If her father was living if dead she had part if her fathers inheritance that that came to her 3. God made special provision for the desolate or widdows by many special laws Deut. 16.14 they had part of the harvest Deut. 24.19 20. 4. The widdows were provided for out of the store of Gods house that is the tythes Deut. 12 26.13 24.19 which was paid once in three yeers only where they came and fetched it and was a reproachful estate Isa 54.4 1. Quest If Ministers be not now so to be maintained Concerning which I leave you to a particular Treatise 2. Quest If widdows and orphans be not that way to be provided for Resp Yea by bringing in a sufficient portion thereof every three yeers into some publike place for relief of the poor widdow and orphans and others and some intrusted to deliver it out to them as need requires Quest Is not other ways as good as this Resp No because this is commanded which man is not to dispence with Quest If in cases of justice as an eye for eye tooth for tooth a man may not take 100 l. satisfaction and free his adversary Resp 1. The Judge is but an executioner of the wrath 2. He is bound to do what the law says that is his rule 3. He is not to Judgo the law and its equity or rigour 4. He is not to decline the will of God for expedients of men 5. The law is for terror to others as well as for doing right to whom wrong is done at present 6. Gods justice is to be satisfyed on the offender as well as the damage of the sufferer satisfyed of which much more may be said but this I conceive to be sufficient to prove care herein must be had that men make not the law of God void by traditions or practices in judgement of their own in which men actually forsake God and come to be forsaken of him to the ruine of the generations of the world which they that are wise will fear and be faithful to God which the Lord make the men of this generation to do and the people will be free and happy in the governors thereof yea and in God to whom be obedience and glory for ever Amen FINIS