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.

Here it is not amiss to speak of marriage, the means or∣dained of God to prevent adultery.

1. This ordinance was not pertaining to the Priests, for it was belonging to Moses and was before the Priesthood of Aaron; and is lawful among heathens, 1 Cor. 7.10. Heb. 13.4.

2. Nor to the Judges.

3. It belonged to the Elders in the City. Now there were to be Judges and Elders in the Commonwealth-government: hence mat∣ters pertaining to man and wife are usually referred to the Elders, that concern marriage, Deut. 25.7, 8, 9, & 22.15, 17, 18. and not to the Judges.

Ruth 4.2. Boaz took ten men of the Elders of the City, for number.

2. They sate down in the gate of the City, vers. 1. for the place where civil affairs were discuss'd of.

3. Vers. 9. He calls Elders and people to witness, he had pur∣chased Ruth to wife: the dowry of a widdow was twenty five, be∣ing but half of a maids, which was fifty shekels.

4. Vers. 11. The people and Elders say, We are witnesses; and bless them both. Vers. 12. These are not to be Elders of the Church, James 5.14. but of the Commonweal only.

5. Vers. 13. He took Ruth, and she was his wife; and he went in unto her, and she conceived and bare a son.

1. Conclusion. If the ordinance belong to Moses, then for any other, under what pretence soever, to do it, it is high presumption.

2. Those that are married by them, are not joyned in the way of the Lord, nor by that authority God ordained among those that have his law.

3. I say of this, as of acts done by Heathens, without law, that they are a law to themselves: so are our doings in this matter this day: It were good it were amended. Never did Priest, Levite, Christ, or Apostle, do it for any; and then by what authority do the ministry now do it?

Here I desire leave to commend to your consideration that one branch in the Act made for adultery, May 10. 1650.

If any man shall have the carnal knowledge of the body of any virgine, unmarryed woman, or widdow, every such man and woman convict of such offence,

1. Shall be committed to common goale three moneths.

2. Shall give security to be of the good bahaviour for one whole yeer.

Note. 1. If the man be a young man or widdower, then he was to marry the maid, or unmarryed woman, or widdow, by the law of God, and not to be prisoned, bound, &c.

2. If he be a marryed man, then the case is adultery, as in the womans before that was marryed to another man; and the judge∣ment death.

3. If you had put them to death by Gods law, ye would not have said it should be death after such a day; Gods law not taking be∣ginning then, nor establishment from us; or at least until then, we were not under Gods law, nor was it declared to the nation in the name of Gods law, but mans, as an Act of Parliament onely.