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judgement_n defendant_n law_n plaintiff_n 2,005 5 10.1186 5 true
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A77294 The new earth, or, The true Magna Charta of the past ages, and of the ages or world to come: called The Jews commonweal. Written by an unworthy witness of the truth of the great God, John Brayne. Brayne, John. 1653 (1653) Wing B4330; Thomason E714_9; ESTC R207239 69,350 106

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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