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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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their pattern came to receive a stability in their place by it during the time of the fourth or the Roman Monarchy 3. When men destroy Monarchy they must return to Judges againe as at first Isa 1.26 or the power cannot be said as the heathen power had said of it that it was of God God setting up no other publike forme of Rule but that to govern a nation by besides Kings Rom. 4.4.13 He shews what the rule of Monarchy was or was to be in their law Vers 3. He shews what the authority was in the rulers execution of their then law vers 2. how the power during its time of standing by which authority and rule were kept alive and not to be infested until that time 1 Cor. 15 24. when all of the then rule authority and power is to be put down by the stone cut out of the mount without hands Deut. 2.44 45. which is done in part and now doing this day 5. On this onely ground because it was ordained of God and an ordinance of God though they were Gentiles and without law onely being a law to themselves vers 5. The Apostle shews they should be subject not only for wrath but conscience sake even to the laws called ordinances of men 1 Pet. 2.13 6. To these Kings as to the Kings of Israel tribute and custome were paid which was not under the Judges which shows it the freest government and best for the people which concerns you to consider in respect of the trust reposed in you 7. The renewing of the kingdom from Judges to kings is to be done when from Kings to Judges 1 Sam. 11.14 8.10 Prov. 21.17 This law owns not suits about hunting hawking killing of fowl c. nor allows no such game to trespass other men and appoints labour rather to all and condemns such exercises begets idleness and beggery in a Commonweal drunkenness c. so that it is as necessary to destroy those vermin the hawks and hounds as heretofore wolves the one destroyed cattel the other men And in stead of shooting at Pigeons Oh how good were it the houses were shot down Here is no law for Tythes nor offering nor for a mans turning aside occasionally to pass over another mans ground nor about Wills and Testaments nor to satisfie mens revenge to vex their neighbours with Law but as Prov. 25.8 Go not forth hastily to strive lest thou know not what to do in the end thereof when thy neighbour hath put thee to shame debate thy cause with thy neighbour himself c. Matth. 7.12 Do unto all men as you would men should do unto you that is the law and the Prophets So that great men by Law and Prophets are to do no other to the poor then they would the poor should do to them there must be the same law and liberty to the one as to the other or it is not a Common-weal one must not keep any thing to oppress hurt or hinder another man much less many men onely to satisfie their lusts As for the State of Venice 1. As other Gentiles they are a Law to themselves 2. Though the people chuse their Judges yet they judging by Laws of their own their Government is not of God nor is it established of Gods as that of Kings was among Gentiles 3. Bland us sayth that the liberty of the Venetians to govern by their own Laws was granted them by the great and high Bishop of Rome Charles 4. That their Government is not of God appears by their allowance of publike Stews in their Commonweal worse then which the Heathens have not done and the converting of the hire of whores to a publike use a great abomination 5. Nor are their Judges as Judges at the first set up in the gates of every City so that that Government with the rest of the Papal powers will cease and fall The fall of the Romane Monarchy under the seventh Head or feet mixt with Iron and Clay as it was under Pope and Kings 1. The first step began in Henry the eighth's destroying the Supremacie of the Pope and ruling alone anno 1531. 2. In the United Estates of Holland casting down of the Monarchy of the King of Spain but ruling by the States General and Provincial as by Lords and Commons which also will be in its time dissolved 3. In this Nation this Parliament have deposed King and Lords the Commons onely having the power of rule in their hands and so have made a step beyond them therein 4. The fourth is that the Souldier take down the Law Rule or Government that is and set up God's by Judges as at first in which the grand Mutations of the worlds affairs come to centre and receive fixedness under God the Kingdom being the Lords and the earth becomes abundantly blessed with all therein by the same thousand yeers when Tyranny springs again and Time quickly after hath its end The main ground and reason why the four Monarchies are set out by Beasts arising out of a necessity occasioned by the contentions among men Dau. 7. by which the world like another Sea was fill'd full of troubles 1. The Babylonian set out by the Lion vers 4. 2. The Medes and Persian by the Bear vers 5. 3. The Greek by the Leopard vers 6. 4. The Romane is not expressed by its form but by its nature to be a Beast dreadful terrible strong having iron teeth devouring and breaking in pieces and stamping the rest with her feet and being diverse from all beasts lively set out by John Rev. 13.2 like a leopard in colour having feet like a bear the mouth of a lion and the dragon gave him his power from whence he takes the place power authority and name of the dragon Note the name of Beast for Government and Authority is not given them but for the kinde of Rule and Law that they had among themselves which was according to their lusts and not of God they making their lusts a law and so become a law to themselves Rom. 2.14 2. Hence the Heathens without the Law and rule of God are said not to be a people Deut. 32.21 Rom. 10.19 3. The Heathen Empires set out by the Beasts 1. The Kings were the horns the Councels of the kingdoms the heads the Laws and Lawyers the teeth the Executioners the feet the common people the body and the Pope riding on them 4. The best allusion given the four Monarchies was that of Daniel which is likened to a man when that man that had the vision and who represented the golden head Dan. 4.33 was driven from among men lost his reason feeds with beasts c. in which is set forth what the men were while without the rule of God and what would be the end the Monarchs of the world at last would come unto Thus the Psalm Man that is in honour and understands not that is how to rule and govern according to God is like the
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