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.

Command the Fifth.

Exod. 20.12.

Honour thy father and thy mother, &c.

Statute.

LEvit. 19.3. Ye shall fear every man his father and mother.

Vers. 32. Ye shall rise up before the hoary head, and honor the face of the old man.

Mark 7.10. Gen. 22.6. Isaac submitteth to his father to dye. Luke 2.51. and thus Jesus Christ: the Rechabites obedience, Jer. 35. and Gods blessing them.

Judgements.

Gen. 9.25, 26. Noah curseth Cham with bondage, and blesseth Japhet.

Deut. 27.16. Cursed be he setteth lightly by his father or mother.

Levit. 20.9. Every one that curseth his father or mother, shall surely be put to death; his blood shall be upon him, Exod. 21.17.

Exod. 21.15. He that smiteth his father or mother, shall sure∣ly be put to death.

Numb. 12.14. If her father had spit in her face, should she not have been ashamed seven dayes? which was a thing of con∣tempt, as in Deut. 25.9. and it may be either for disobeying, or con∣temning of him.

Mark. 7.10. The Gospel confirms it; Who curseth father or mother, let him dye the death.

Prov. 30.17. The eye that mocketh at his father, and despiseth to obey his mother, the ravens of the valley shall pick it out.

Statute.

Deut. 4.9. Forget not the things thine eyes have seen. &c. but

teach them thy sons, and thy sons sons: Vers. 10. Especially the day thou stoodest before the Lord in Horeb: Vers. 13. and he de∣clared to you his covenant which he commanded you to performe, even the ten commandments.

Deut. 6.7. Thou shalt teach them diligently thy children, and shalt talk of them when thon sittest in thy house, when thou walkest by the way, when thou lyest down, and when thou risest up.

Judgement.

Deut. 21.18. If a man have a stubborn and a rebellious son that will not obey the voice of his father or his mother, and that when they have chastened him, he will not hearken unto them; Vers. 19. Then shall his father and mother lay hold of him, and bring him out to the Elders of his City and the gate of his place: Vers. 20. They shall say to the Elders of his City, This our son is stubborn and rebellious, and will not hear our voice: he is a drunk∣ard and a glutton.

Verse 21. All the men of his City shall stone him with stones that he dye: so shalt thou put away evil from amongst you.

Appl. Why is so much rebellion against parents, is not because the law of God is silent; this being executed, all England would hear and fear.

2. Is there another way, besides this, to put away evil from a∣mong us, appointed of God? Note, God saith, So shalt thou put a∣way evil, and no other way.

3. Or is not the Law of God just, the judgement true and righte∣ous, that it is not set up amongst us? or will it ever be well with us or ours, until it be set up?

Statute.

Parents marriage of their children, It was to be confined to such as were in convenant, Deut. 7.6.

Exod. 34.16. Thou shalt not take of their daughters to thy sons, and their daughters go a whoring after their Gods, and make thy sons go a whoring after their Gods.

Deut. 7.3. Thou shalt not make marriages with those nations God will destroy; thy daughter shalt thou not give his son, nor

his daughter shalt thou take to thy son. The reason whereof is rendred, vers 4.

Appl. As men under the law were not to match with those na∣tions were not under the law; so men under grace were not at liber∣ty to match with any but such as were in Christ, 1 Cor. 7.39.

2. Were we under the law, this would condemne all marriage with idolaters, more strongly then the work of the law in us hath done. Numb. 25.6. 1 Kings 21.25. 1 Kings 11. from 1. to verse 9.

3. See here the authority God hath given to men under the law, over their childrens marriage; they are said to give and take: Esau took a daughter of Canaan; Jacob obeyed his mother, and marri∣ed Labans daughter.

Exod. 21.9. If a man betroth his maid-servant to his son, he shall deal with her after the manner of daughters.

Note. Betrothing was the fathers work, in which he gave his daughter, or took the daughter of some other to his son to wife.

2. The Magistrate or Elders are not to approve of marriage made with any out of covenant.

It is to be considered, that God (under this word Father) doth comprehend the Magistrate; and obedience and honour hence due to him:

1. Because all authority and rule was first in the father, Gen. 38.24.

2. It came from him to the one Judge Moses.

3. To Judges in every City, who had laws from God to judge the people by: in which administration only, 1 Sam. 12.12. the Lord God was said to be their King. And now againe, when this law is the rule of judgement to the nation, then is the Lord Christ said to raigne, which shall be a thousand yeers; God having com∣mitted all judgement and authority to the Son, Mat. 28.18. Rev. 20.6. and who would not strive to set up Christs rule?

Note. As Judges were of God before Kings, so if Kings be put down, ye must return to Judges again; God setting up but these two wayes of rule, and God himself ruling in that of Judges, and there∣fore best: nor doth God rule by Judges as distinct from Kings, un∣less they be set up as in the beginning, to rule by the laws of God.

4. The government came from Judges to Kings; in which the

people were said, in their asking for a King, to have committed great wickedness in the sight of the Lord, 1 Sam. 12.17. yea, and God himself said, herein they had rejected him, and not Sa∣muel, that he should not raigne over them. I beseech you, what the government of Judges by the law God had set up was then to God, and this day is no less with him, 1 Sam. 8.7.

5. God had foretold of this by Moses, Deut. 17. and the thing oc∣casioned this, was considerable, 1 Sam. 8.3. which was Samuels age, and his sons perverting Judgement, and taking bribes, and turning after lucre; yet Samuel, vers. 6. is displeased at it, when they said, Give us a King; to which God bids Samuel hearken, and do for them: under whom arose tribute, custome, and imperious commands, 1 Sam. 8.11. to the end of vers. 18.

6. This rule of Kings, God in the Gospel established by Paul, 13.1. the powers that be, (even Nero's and his deputies) were said to be ordained of God, in the Lords setting up of Saul: which fourth Monarchies rule was authoritative, untill the time God had ordain∣ed that it should be taken out of the way, for the wickedness thereof, 2 Thes. 2.7. and the way how it shall be taken away, is set down, and by whom, even by the stone cut out of the mountaine with∣out hands: he brake in peeces the iron, brass, clay, silver, and gold, Dan. 2.44, 45. which puts an end to the fourth Monarchy, which shall have its end by Jesus Christ. So that as the fourth Monarchy (or Roman) put down the law of God, Christ comes now to put down that in the rule, yea all the rule, authority, and power there∣of, 1 Cor. 15.24.

7. After all this, comes the ancient of dayes, which is not God, who is not of time nor dayes, but he comes by his law, and Judges and judgement, to sit and judge againe; God having foretold he would restore Judges as at the first, Isa. 1.26. to whom government shall be given of God, God having taken it from the Monarchy, that they may rule againe. And now as God is said to give, so shall it be given by men unto them; in which God is also said to give it, Dan. 2.27. and that their authority shall not be questioned, as Moses once was, Exod. 2.14. Who made thee a prince and Judge over us? the people making them.

Statute.

Exod. 18.21. Judges are said to be placed over the people, and are called gods.

Exod. 21.6. The master was to bring the servant that would not go out free, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 unto the Gods, that is, unto the Judges.

Exod. 22.18. Thou shalt not revile the Gods, nor curse the ruler of thy people. Psal. 82.1. God standeth in the congrega∣tion of the Gods.

Note. Great is the honour set on Judges, they judging for and under God. I do not remember that it is said of any Judges but these, nor any other kind of rulers. Nero was not a God in this sence, though his authority were of God. The saying of Christ clears this, John 10.34. It is written in your law, I said ye are Gods, vers. 35. If he called them Gods to whom the word of God came, &c. so that none are so called, but such to whom the word of God came, that is, such as by the words of God judged men, as in the place of God, being set up of God to judge thereby, that judgement may be the Lords.

Heb. 10.28. He that despised Moses law was to dye, Deut. 17.12. this in the judgement on Core, Numb. 16.11. they are said to be gathered together against the Lord, questioning Moses, whom God had set up; and his government, which God had given as a law to that people. Vers. 13. they say of Moses, he had made, not God, altogether a prince, and not a Judge over the people, vers. 13. for which, they and theirs were destroyed, vers. 32.

Statute.

Isa. 38.1. Command thy house (or set it in order) for thou shalt dye. Note, that the law had a rule in it, what men, and how they were to dispose of their goods and estates in a way of Justice, and not according to their lusts; according to which rule, they were to divide their estates among them.

1. There was a dowry of virgins, Exod. 22.16. fifty shekels, Deut. 22.29.

2. The first-born, Deut. 21.17. was to have a double portion of all his father had; and the reason added was not for any cere∣monial cause, but that he was the beginning of his strength.

3. Numb. 36.2. Moses would not make any law in the case of Zelophehad, though he were as able as any living, but he would in∣quire of God who should inherit: and it was resolved, Numb. 27.8. If a man dye and have no son then ye shall cause his inheritance to pass unto his daughters: if he have no daughter, ye shall give his inheritance to his brethren: if he have no brethren, ye shall give it to his fathers brethren: if his father have no brethren, ye shall give it to his kinsman is next unto him of his family; he shall possess it: and it shall be to the children of Israel a statute.

Note. How contrary are the practices of this people and nation to Gods law!

Object. In doing thus, we should wrong the dead, and li∣ving.

Resp. In doing Gods will, ye can do no wrong.

2. Those that do justice, do not do wrong. But those do thus, do justice: ergo.

3. The dead and living do wrong to themselves and consciences, and others also, in doing that is forbid by Gods law to be done by them.

4. Many holds and customs necessarily by this law are to be changed.

5. Many other laws do depend on this in civil contracts.

6. How would this quench strife and division among brethren, and prevent the ruine of many families, and establish love, this being the righteous Judgement of God!

7. How would this prevent that shame in the nation, where one (the eldest brother) hath all, and is a prince; and the rest all poor, and he onely lords it over all the rest!

Object. These holds are established by law and custome, and may not be changed.

Resp. If a law of man be contrary to the law of God, it is no law, but a tradition: and men are bound to alter it, when they know Gods mind to be to the contrary in the case.

2. If a man keeps from him that hath right to a possession, his possession, it is no wrong to take it from him, and give it to whom it justly pertains, but an act of Justice, Psal. 24.11. The earth is the Lords, and the fulness thereof.

Luk. 12.13. And one of the company said unto him, Master,

speak to my brother, that he divide the inheritance with me.

Vers. 14. And he said unto him, Man, who made me a Judge or a divider over you? Numb. 34.17.

1. It shews that inheritances were to be divided amongst brethren by the law.

2. It was the work of the Judge to see it done, if complained of. That this was not at all, or not rightly (that is, justly) done between this man and his brother.

3. That there was usually to be a divider; they were not to di∣vide it themselves by the law, that occasions of injustice, and of jea∣lousie, and discontent, may be removed, and occasion of probate of wills cease; only set a part for paying the debts, and divide the rest.

4. It was the work of one made a Judge by the people in the way of the law, and not of others, which had not authority; which au∣thority Christ assumed not, John 3.17. & 8.15.

Ye children, judge ye if the way of the Lord be not good and sweet, better and sweeter then your fathers love unto you; and if he careth not more for you, then they.

Statute. In case some were poor, and had sold their inheritance.

Ruth 4.4. There is none to redeem it besides thee, and I am after thee.

Judgement.

Note. Those had right to redeem, came into it successively and in order, on the refusal thereof, Jerm. 32.7. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

Of servants.

Deut. 14.12. If thy brother serve thee six years, the seventh he shall go out free.

Exod. 21.2. If thou buy an Hebrew servaent, six yeers he shall serve: in the seventh he shall go out free for nothing.

Note, If a man would buy a servant, he could not buy him for a longer tearm.

Deut. 21.5. If the servant will not go forth free, vers. 6. he was

to bring him to the judges; to shew, he kept him not by constraint, but free consent. Note: this liberty servants now have, after seven yeers, to abide longer if they please.

Deut. 15.16, 17. Shews the ground of his stay, that on experi∣ence had of the seven yeers past service, that it was well with him, he loved him and his house, he might remaine.

Deut. 15.13. When thou sendest him out free from thee, thou shalt not suffer him to go away empty, vers. 14. Thou shalt furnish him liberally out of thy flock, out of thy flour and wine-press, wherewith God hath blessed thee.

Verse. 18. It shall not seem hard unto thee, when thou sendest him away free, &c. to which God promised a blessing.

Exod. 21.26, 27. If a man smite out his man or maid-ser∣vants eye or tooth, they shall go out free therefore.

Deut. 23.15. If a servant escape from his master, thou shalt not deliver him unto him: he shall dwell with thee.

To explain this statute, Levit. 25.46. God forbids ruling with rigor, for which cause the servant ran away, and was not by the Judge to be delivered his master: which is illustrated, Gen. 16.6, 8. Sarah dealing hardly with Hagar, she fled from her face: and in One simus.

Deut. 24.14. Thou shalt not oppress the hireling of his wages that is poor and needy, whether of thy brethren or strangers; but shalt at his day give him his wages: nor shall the Sun go down on it: for he is poor, and sets his heart upon it, Levit. 19.13.

Exod. 21.20. If a man smite his servant with a rod (a thing for correction, not a sword) and he or she dye under his hand, he shall be surely punished. Vers. 21. If he continue a day or two, he shall not be punished, for he is his money.

Exod. 20. the servant was to rest and sanctifie the Sabbath day.

Exod. 21.32. If an Ox gore a man-servant or maid, the owner shall pay the master thirty shekels (and the Ox shall be stoned) which was one pound seventeen shillings and six pence.

Note. If this were for a law, how good were it for servants, who now are as slaves for ten yeers; and at the end, their masters, instead of giving ought, seek to ruine them? It would be good for masters also; did they obey, God would bless them.

The manner of the Jews contracts, in the buying and selling of their lands, is set down, Jer. 32.7, 8, 9, 10.

1. There was a right of redemption in the next of kin, as be∣fore.

2. He should, if he could, buy it; if not, he must have the refuse, as Jeremiah had, though in the prison.

3. Hananeel is necessitated to do it, it seems, by crying, I pray thee buy it: and indeed, without great necessity, the Jews, for the evil and reproach thereof, would not do it.

Vid. Gen. 23. Abraham purchasing Mamre.

4. This was onely in free purchases.

Vers. 9.1. He bought the field of the owner.

2. He weighed the money; in which was much justice: there was the number, seventeen shekles; and weight also: and in the contra∣ry, much wrong may be done in payments, though not used with us.

3. He weighed to him, the man himself, the money.

Vers. 10. Is a repetition of that in the ninth, more fully setting down,

1. That he gave Hananeel an evidence, and subscribed and sealed it, to pay for the land so much money; to which were wit∣nesses had subscribed their names to the conditions between them; who also were to see the payment of the moneys: and this as in the 11. verse was rolled up: none but the buyer, seller, and witnesses knew.

Vers. 11. Is another evidence, called the evidence of the purchase, which was given by Hananeel; which was open.

Vers. 12. The evidence of the purchase is not kept by the pur∣chaser, but by some officer intrusted therewith, for the publike, then called Baruch, a Scribe. Jerem. 36.26.

2. This was done in the sight of him that sold it, Hananeel; which was a confirmation of the thing to the publike officer.

3. To this book of the purchase also there were witnesses had at∣tested their hands for confirmation, as the former to that writing given Hananeel for payment of the money.

4. These witnesses subscribed the book of the purchase, before

many Jews, in a judicial way called to fit in the Court of the prison.

5. In the presence of these, it was delivered to Baruch.

6. After the payment of the money that he gave Hananeel, is re∣turned him, and kept with the other of the purchase, for confirma∣tion of his title: much is the consideration.

Appl. Parents, see, I pray, what honour God requires of your children to give you, and to obey you, and to be put to death if they do not obey you. Oh, but again discharge your duty, as Abraham and Joshua did, and as God commands you to do, that they may know their duty, and what in the law is commanded them concern∣ing God and men in general, and you and them in especial, as in Deuteronom. 4.8, 9, 10. Deuteronom. 11.19. these are the things you are to teach your children, speaking of them when you are sitting in the house, when ye walk by the way, when ye lye down and rise up: these ye are to write on the door-posts of your houses and gates; and not ballads, and songs, and lascivious pictures, vers. 20. which lead them to disobedience against God.

1. Note. It is said (Deut. 21.21.) of the disobedient child, that was a drunkard and a glutton, he should be stoned to death; and so they should put away evil from among them.

2. Signifying this, that unless this course were taken with drunken disobedient children, the evil of drunkenness and disobedience to pa∣rents would not be removed out of the land. And who are there that are accustomed to drunkenness in the time 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 compani∣ons, 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 disobedi∣ence: 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 dis∣ficult 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 sen∣tence of the law, Deut. 17.11.

5. They are to teach, to shew, to tell the sentence, out of, or accor∣ding 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 judica∣tory 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.