A sermon preached at the assizes held for the county of Cornwall, at Lanceston, March xviii. MDCLXXXV. By Nicolas Kendall, A.M. and Rector of Sheviock in Cornwall
and the influence they may have upon the Publick, than to the nature of the Crimes themselves: And hence it comes to pass that severer punishments are inflicted upon some Offenders, though their guilt in it self considered, may be less than that of those who escape unpunish'd. For the great end of all Laws being the conservation of the Publick Good, and maintaining a Common Interest; as long as that is secur'd, men trouble not themselves so much about those things, wherein the Commonweal is not concern'd.
and the influence they may have upon the Public, than to the nature of the Crimes themselves: And hence it comes to pass that severer punishments Are inflicted upon Some Offenders, though their guilt in it self considered, may be less than that of those who escape unpunished. For the great end of all Laws being the conservation of the Public Good, and maintaining a Common Interest; as long as that is secured, men trouble not themselves so much about those things, wherein the Commonweal is not concerned.
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and have all things as it were in common; a small theft is thought to deserve the utmost penalty, because it is impossible they should subsist, in their way of living,
and have all things as it were in Common; a small theft is Thought to deserve the utmost penalty, Because it is impossible they should subsist, in their Way of living,
So true is it what old Eli has observ'd in the words before us, That if one man sin against another, if one man touches another in his Person or Interest, the Remedy is easie, the Law is open, or (as Dr. Hammond more critically renders NONLATINALPHABET) the Assizes are held, they may implead one another, and the Judge shall judge him;
So true is it what old Eli has observed in the words before us, That if one man since against Another, if one man touches Another in his Person or Interest, the Remedy is easy, the Law is open, or (as Dr. Hammond more critically renders) the Assizes Are held, they may implead one Another, and the Judge shall judge him;
In which Words there is an evident distinction suppos'd between two sorts of sins, one, of those whereby one man sins against another, and then they have their remedy at Law;
In which Words there is an evident distinction supposed between two sorts of Sins, one, of those whereby one man Sins against Another, and then they have their remedy At Law;
and in this case they could not hope to escape either by the mercy and lenity of a Judge, or the skill of an Advocate; not by the intercession of Friends,
and in this case they could not hope to escape either by the mercy and lenity of a Judge, or the skill of an Advocate; not by the Intercession of Friends,
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I shall not trouble you with the different ways of rendring these words by several Interpreters, occasioned chiefly by the ambiguity of the word NONLATINALPHABET which though a Noun of the Plural Number, (yet by a peculiar Idiom of the sacred Language) sometimes signifies the only one supreme God, and at other times those whom the Psalmist calls Gods, i. e. Magistrates and Judges:
I shall not trouble you with the different ways of rendering these words by several Interpreters, occasioned chiefly by the ambiguity of the word which though a Noun of the Plural Number, (yet by a peculiar Idiom of the sacred Language) sometime signifies the only one supreme God, and At other times those whom the Psalmist calls God's, i. e. Magistrates and Judges:
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1. That Courts of Judicature, for the decision of such Causes as might happen between man and man, was one of God's own Institutions among his people the Jews.
1. That Courts of Judicature, for the decision of such Causes as might happen between man and man, was one of God's own Institutions among his people the jews.
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3. That 'tis the Duty of every private person to submit himself to such Judgments and Sentences, For when one man sins against another, the Judge must or shall judge him.
3. That it's the Duty of every private person to submit himself to such Judgments and Sentences, For when one man Sins against Another, the Judge must or shall judge him.
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the bard Causes they brought unto Moses, but every small matter they judged themselves, Exod. 18. Out of these men (as some think) or at least such as these did Moses again by God's command chuse seventy men of the Elders of Israel, Numb. 11. and God indued them with a Spirit of Prophecy, that they might be able to instruct the people in the Law,
the barred Causes they brought unto Moses, but every small matter they judged themselves, Exod 18. Out of these men (as Some think) or At least such as these did Moses again by God's command choose seventy men of the Elders of Israel, Numb. 11. and God endued them with a Spirit of Prophecy, that they might be able to instruct the people in the Law,
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in agreement to which the Jews had always among them a supreme Court called the Sanhedrim, consisting of seventy one persons, seventy from the number Moses called unto him,
in agreement to which the jews had always among them a supreme Court called the Sanhedrim, consisting of seventy one Persons, seventy from the number Moses called unto him,
and one whom they looked upon as his Successor, and therefore called him NONLATINALPHABET Princeps Senatus, or Lord-Chief-Justice: and this High Court exercis'd Jurisdiction over them, not only under those extraordinary Judges whom God raised up at several times,
and one whom they looked upon as his Successor, and Therefore called him Princeps Senatus, or Lord-Chief-Justice: and this High Court exercised Jurisdiction over them, not only under those extraordinary Judges whom God raised up At several times,
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beside this, they had inferiour Courts or Consistories in every City, from all which there lay an Appeal to the great Sanhedrim at Jerusalem. I shall not trouble you with the several places of Scripture that allude to these Courts, it being sufficient to my present purpose to know that they were instituted at the command of God, supported by his authority and assistance in cases of greater difficulty,
beside this, they had inferior Courts or Consistories in every city, from all which there lay an Appeal to the great Sanhedrim At Jerusalem. I shall not trouble you with the several places of Scripture that allude to these Courts, it being sufficient to my present purpose to know that they were instituted At the command of God, supported by his Authority and assistance in cases of greater difficulty,
Now though we cannot draw Arguments from every particular Law and Divine Institution among the Jews, to infer an obligation to the same in any other Nation, (they being instituted for such peculiar reasons as agree not to other people:) yet I think in the general an Argument is good, That whatsoever God appointed among them (the reason continuing the same) is expedient and necessary in any Government whatsoever.
Now though we cannot draw Arguments from every particular Law and Divine Institution among the jews, to infer an obligation to the same in any other nation, (they being instituted for such peculiar Reasons as agree not to other people:) yet I think in the general an Argument is good, That whatsoever God appointed among them (the reason Continuing the same) is expedient and necessary in any Government whatsoever.
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St. Paul particularly acknowledges that Ananias sat to judge him, NONLATINALPHABET, according to Law, and begs pardon of the Court when he had reviled him, alledging his ignorance for excuse,
Saint Paul particularly acknowledges that Ananias sat to judge him,, according to Law, and begs pardon of the Court when he had reviled him, alleging his ignorance for excuse,
And the first Christians, when they were brought before Councils and Magistrates and Rulers (as our Saviour had foretold of them) though the accusations were false,
And the First Christians, when they were brought before Councils and Magistrates and Rulers (as our Saviour had foretold of them) though the accusations were false,
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and the crimes could not sufficiently be proved against them, yet they questioned not the Authority of the Magistrate; if the Judge judged them guilty, they patiently submitted themselves.
and the crimes could not sufficiently be proved against them, yet they questioned not the authority of the Magistrate; if the Judge judged them guilty, they patiently submitted themselves.
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All this is so plain, that I should not have mentioned it, but for the Enthusiastick conceits of some of our Northern Neighbours, who for the erecting of (what they blasphemously call) the Kingdom of Christ, cry down all Magistrates and Laws,
All this is so plain, that I should not have mentioned it, but for the Enthusiastic conceits of Some of our Northern Neighbours, who for the erecting of (what they blasphemously call) the Kingdom of christ, cry down all Magistrates and Laws,
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Among all the diversities of Laws and Governments that have been in the World, there was no man ever attempted to establish a Society without any at all,
Among all the diversities of Laws and Governments that have been in the World, there was no man ever attempted to establish a Society without any At all,
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as well knowing that to be wholly impracticable, and those Societies have always been lookt on as the most prosperous and happy, where the Laws have been most equal, and the execution of them most punctual: for let men be never so well instructed in the Precepts of Vertue,
as well knowing that to be wholly impracticable, and those Societies have always been looked on as the most prosperous and happy, where the Laws have been most equal, and the execution of them most punctual: for let men be never so well instructed in the Precepts of Virtue,
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and these must be wrought upon by Rewards and Punishments; and all little enough, God knows, to keep up the face of Order, and the Decorum of a Society among men.
and these must be wrought upon by Rewards and Punishments; and all little enough, God knows, to keep up the face of Order, and the Decorum of a Society among men.
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and should men be let alone to their own inbred Notions of right and wrong, and good and evil: the few that would live up to these Rules, would be an easie prey to the many that would despise them:
and should men be let alone to their own inbred Notions of right and wrong, and good and evil: the few that would live up to these Rules, would be an easy prey to the many that would despise them:
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We may guess to what a wretched estate this would reduce us, (if generally allowed) by the evils caused among us by those, that will avenge their Quarrels in private Combats and Duels: On what slight accounts do men engage in them? To what an heighth of revenge are they carried on? and how does the shedding of Bloud stain our Shores,
We may guess to what a wretched estate this would reduce us, (if generally allowed) by the evils caused among us by those, that will avenge their Quarrels in private Combats and Duels: On what slight accounts do men engage in them? To what an height of revenge Are they carried on? and how does the shedding of Blood stain our Shores,
and the cry of it invade Heaven? Vengeance is mine, I will repay (saith the Lord.) The Magistrate has provided Laws for the punishment of evil Doers, and for the praise of them that do well;
and the cry of it invade Heaven? Vengeance is mine, I will repay (Says the Lord.) The Magistrate has provided Laws for the punishment of evil Doers, and for the praise of them that do well;
A Barbarity this, that was first introduced into these parts of the World, by the incursions of the Goths and Vandals: for in the ancient Greek and Roman Histories we meet with few or no footsteps of this practice among men of Honour:
A Barbarity this, that was First introduced into these parts of the World, by the incursions of the Gothis and Vandals: for in the ancient Greek and Roman Histories we meet with few or no footsteps of this practice among men of Honour:
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and if at any time they thought it Great and Roman-like to dye, the Draught of Poyson or the Ponyard, the Barbers Razor or the River, cannot be more ready now than they were then:
and if At any time they Thought it Great and Roman-like to die, the Draught of Poison or the Poigniard, the Barbers Razor or the River, cannot be more ready now than they were then:
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but they had not that false Notion of Honour among them, that so prevails now adays, whereby men perswade themselves that the least affront is not to be expiated but with the blood of the Offender;
but they had not that false Notion of Honour among them, that so prevails now adais, whereby men persuade themselves that the least affront is not to be expiated but with the blood of the Offender;
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that 'tis beneath a man that wears a Sword to submit his Cause to the decision of the Law, and therefore they will be their own Judges and Avengers too:
that it's beneath a man that wears a Sword to submit his Cause to the decision of the Law, and Therefore they will be their own Judges and Avengers too:
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'tis rather the dictate of those NONLATINALPHABET, as Aristotle calls them, those warm Youths, whom he would scarce allow to be fit Hearers of Morality,
it's rather the dictate of those, as Aristotle calls them, those warm Youths, whom he would scarce allow to be fit Hearers of Morality,
'tis the Ethicks of a Fencing-School. If this be an evil among us that is grown too great for a remedy, I hope we may be permitted without affront to lament it as the unhappiness of our times, that under such excellent Civil Constitutions, and a Religion so well reformed, as we live;
it's the Ethics of a Fencing-School. If this be an evil among us that is grown too great for a remedy, I hope we may be permitted without affront to lament it as the unhappiness of our times, that under such excellent Civil Constitutions, and a Religion so well reformed, as we live;
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our happiness must consist (as it does) in that our Laws are in the hands of such men as are described in Deut. 1. Men of wisdom and understanding, men of courage and integrity, that will hear the Causes between us,
our happiness must consist (as it does) in that our Laws Are in the hands of such men as Are described in Deuteronomy 1. Men of Wisdom and understanding, men of courage and integrity, that will hear the Causes between us,
that will not respect persons in Judgment, but will hear the small as well as the great, that will not be afraid of the face of man, for the judgment is God's. And hence it follows,
that will not respect Persons in Judgement, but will hear the small as well as the great, that will not be afraid of the face of man, for the judgement is God's. And hence it follows,
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which, next under God's Providence, is the great support of any Government. Now the chief end of the Magistrates Power is to compose Quarrels and Disputes, howsoever they are raised;
which, next under God's Providence, is the great support of any Government. Now the chief end of the Magistrates Power is to compose Quarrels and Disputes, howsoever they Are raised;
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and, when men will neither be perswaded by reason, nor inclined by good nature, to force them to be just and equal by exemplary Punishments; for a man then to decline the Sentence of the Judge, and to take any other way to right himself, is to vacate all Authority, and to dissolve the very Bonds and Ligaments of Society. Besides the obligations of Oaths and Covenants to obedience,
and, when men will neither be persuaded by reason, nor inclined by good nature, to force them to be just and equal by exemplary Punishments; for a man then to decline the Sentence of the Judge, and to take any other Way to right himself, is to vacate all authority, and to dissolve the very Bonds and Ligaments of Society. Beside the obligations of Oaths and Covenants to Obedience,
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for how can we otherwise answer the happiness we enjoy in the protection of the Laws? Whence it comes to pass that every man calls what he has, his own;
for how can we otherwise answer the happiness we enjoy in the protection of the Laws? Whence it comes to pass that every man calls what he has, his own;
if in return we do not willingly abide the tryal of the Law, and submit to the penalty when we are found guilty. Saint Paul takes it so much for granted, That an Oath for confirmation is (and ought to be) an end of all strife, that he thereby illustrates the NONLATINALPHABET, the immutability of Gods counsel, Heb. 6.16, 17. And this Oath (saith Estius upon that place) ought to be coram Judice; upon which evidence a Sentence pronounced has by all civilized Nations been ever reckoned sacred and inviolable.
if in return we do not willingly abide the trial of the Law, and submit to the penalty when we Are found guilty. Saint Paul Takes it so much for granted, That an Oath for confirmation is (and ought to be) an end of all strife, that he thereby illustrates the, the immutability of God's counsel, Hebrew 6.16, 17. And this Oath (Says Estius upon that place) ought to be coram Judice; upon which evidence a Sentence pronounced has by all civilized nations been ever reckoned sacred and inviolable.
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II. The sins whereby we sin against God, of which it is said, If a man sin against the Lord, who shall intreat for him? Whence I observe these two things: 1. That sins against God leave a man in a more desperate estate,
II The Sins whereby we sin against God, of which it is said, If a man since against the Lord, who shall entreat for him? Whence I observe these two things: 1. That Sins against God leave a man in a more desperate estate,
But when a man sins with an high hand, aiming directly at the Person and Majesty of God, what can he propose to make an atonement? There remains no more sacricrifice for such sins;
But when a man Sins with an high hand, aiming directly At the Person and Majesty of God, what can he propose to make an atonement? There remains no more sacricrifice for such Sins;
and contempt of things Sacred, Idolatry, Irreligion and Atheism it self. These are the causae majores in God's Canon-Law, that are reserved for the highest Tribunal;
and contempt of things Sacred, Idolatry, Irreligion and Atheism it self. These Are the causae Majores in God's Canon law, that Are reserved for the highest Tribunal;
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The dignity of the person offended, the obligations he has laid upon us, and consequently the Duty we owe him, the abuse of his mercy, presuming upon his Goodness,
The dignity of the person offended, the obligations he has laid upon us, and consequently the Duty we owe him, the abuse of his mercy, presuming upon his goodness,
Thus in the case before us, the iniquity of Eli 's Sons, who had made themselves vile or accursed, could not be purged with sacrifice, nor offering for ever.
Thus in the case before us, the iniquity of Eli is Sons, who had made themselves vile or accursed, could not be purged with sacrifice, nor offering for ever.
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for (said he) it may be that my Sons have sinned, and cursed God in their hearts, and no doubt but the good man had reason enough to suspect his Sons might be thus guilty:
for (said he) it may be that my Sons have sinned, and cursed God in their hearts, and no doubt but the good man had reason enough to suspect his Sons might be thus guilty:
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indeed there is nothing so easie, if we rightly consider it, as to keep our selves from sinning against God: to fear him as our Lord, to love him as our Benefactor, to obey him as the supreme Governour of the World, is natural to us as men,
indeed there is nothing so easy, if we rightly Consider it, as to keep our selves from sinning against God: to Fear him as our Lord, to love him as our Benefactor, to obey him as the supreme Governor of the World, is natural to us as men,
it must be the effect either of inveterate malice, or gross inconsideration. The Adulterer and the Drunkard may talk of gratifying their lusts and appetites;
it must be the Effect either of inveterate malice, or gross inconsideration. The Adulterer and the Drunkard may talk of gratifying their Lustiest and appetites;
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the ambitious and revengeful man may raise himself upon the ruines of his Adversary; the Thief gets by his stealing, and the covetous man lays up something in store;
the ambitious and revengeful man may raise himself upon the ruins of his Adversary; the Thief gets by his stealing, and the covetous man lays up something in store;
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A man but of ordinary prudence will not easily provoke an Adversary he knows he can no way prevail against, Why then do we provoke the Lord to jealousie? are we stronger than he? A man that shall scorn to do an ill or a low thing, a man that is jealous of his own Honour to the last Point,
A man but of ordinary prudence will not Easily provoke an Adversary he knows he can no Way prevail against, Why then do we provoke the Lord to jealousy? Are we Stronger than he? A man that shall scorn to do an ill or a low thing, a man that is jealous of his own Honour to the last Point,
and sensible of the least abuse that is put upon him, shall yet dishonour God in his Day, in his Church, in his Service, in any thing that belongs unto him, and make light of it:
and sensible of the least abuse that is put upon him, shall yet dishonour God in his Day, in his Church, in his Service, in any thing that belongs unto him, and make Light of it:
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This, as it shews the great danger of corruption into which we are fallen, so it should likewise show us what we are to do to recover the Dignity of our Nature, the Perfections of our Being.
This, as it shows the great danger of corruption into which we Are fallen, so it should likewise show us what we Are to do to recover the Dignity of our Nature, the Perfections of our Being.
It was the Prophet Jeremiah 's course, Lament. 1.16. For these things I weep, mine eye, mine eye runneth down with water, because the Comforter that should relieve my soul is far from me.
It was the Prophet Jeremiah is course, Lament. 1.16. For these things I weep, mine eye, mine eye Runneth down with water, Because the Comforter that should relieve my soul is Far from me.
But I should forget that we are not under the Law, but under Grace, if in conclusion I should not supply the sense that Eli hath left imperfect, by answering the Question here proposed, If a man sin against the Lord, who shall intreat for him? Take the Answer in the words of S. John, If any man sin, we have an Advocate with the Father Jesus Christ the righteous:
But I should forget that we Are not under the Law, but under Grace, if in conclusion I should not supply the sense that Eli hath left imperfect, by answering the Question Here proposed, If a man since against the Lord, who shall entreat for him? Take the Answer in the words of S. John, If any man since, we have an Advocate with the Father jesus christ the righteous:
Let us therefore beseech him by his Agony and Bloody Sweat, by his Cross and Passion, by his precious Death and Burial, by his glorious Resurrection and Ascension, to deliver us from the wrath to come.
Let us Therefore beseech him by his Agony and Bloody Sweat, by his Cross and Passion, by his precious Death and Burial, by his glorious Resurrection and Ascension, to deliver us from the wrath to come.
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