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judgement_n court_n judge_n law_n 3,614 5 4.9602 4 true
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A87676 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 [Kendall, Nicholas, fl. 1686] 1686 (1686) Wing K288A; ESTC R230349 9,241 27

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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 LONDON Printed for R. Royston Bookseller to His most Sacred Majesty and are to be sold by George May Bookseller in Exeter 1686. TO THE Right Honourable Sir EDWARD HERBERT Lord Chief Justice of England AND Sir ROBERT WRIGHT One of the Judges of his Majesty's Court of King's Bench. My LORDS YOVR Lordships having express'd a desire that the Discourse You were pleased to hear with patience at the Assizes in Cornwall should be made publick I have adventured it into the World upon no other ground but in obedience to Your Lordships Commands and in hope of Your favourable Protection which as it must wholly proceed from Your own Goodness and Generosity and is not pretended unto by any merit either in the Author or the thing it self so I trust it will be a clearer Instance of Your Lordships Endeavours to promote any thing that may tend to the good of the Publick and it will also lay a greater obligation upon April 10. 1686. Your Lordships in all Duty most highly obliged Servant Nicolas Kendall 1 Sam. ii 25. former part of the Verse If one man sin against another the Judge shall judge him but if a man sin against the Lord who shall intreat for him IT has been observed concerning the Sanctions of humane Laws that they have generally respect rather to the bad Examples of Crimes 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 Not to give instances of this nearer home 't is said that in the Eastern Parts of the World where men live promiscuously together 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 unless they were very secure that one dar'd not invade what was another man's 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Assizes are held they may implead one another and the Judge shall judge him but if a man sin against God the case is not so he is not in a capacity of making any satisfaction to the Divine Majesty and few will dare to interpose on the behalf of such an Offender If a man sin against the Lord who shall intreat for 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 Est cognitio Civilis aut Ecclesiastica quâ res componi possunt saith Junius in his Notes upon this place the other is of such sins whereby a man sins against the Lord not only as God is the great Legislator and Governour of the World for so all sins are against him as transgressions of his Laws but sins wherein God is a Party whereby he is prejudiced or dishonoured in those things that relate unto him such was the sin of Eli's Sons who prophaned the Sanctuary of God and brought his Worship and Religion into contempt 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 or making an interest with Great Persons or the like If a man sin against the Lord who shall intreat for him I shall not trouble you with the different ways of rendring 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 sometimes signifies the only one supreme God and at other times those whom the Psalmist calls Gods Psal 82.1 i. e. Magistrates and Judges but taking our English Version to be most agreeable both to the Hebrew truth and to the intent of Eli in reproving his Sons I shall in my following Discourse speak distinctly to both these sorts of Sins I. Those whereby one man sins against another II. Those whereby a man sins against God I. Of Offences between man and man of which it is said If one man sin against another the Judge shall judge him Whence I observe these three things 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 Where if one man sinn'd against another the Judge did judge him 2. That 't is the great happiness of any people when there are such Courts of Judicature open and the Laws have their free course that so if one man sin against another the Judge may judge him 3. That 't is 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 1. That Courts of Judicature for the decision of c. While the Lord was their Political Sovereign and their Government was what Josephus truly calls it a Theocracy In lib. contra Appion we find such Courts as these erected among them At the instance of Jethro together with the command of God himself did Moses chuse able men out of all Israel and made them Heads over the people rulers of thousands rulers of hundreds rulers of fifties and rulers of tens and they judged the people at all seasons 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 and help to bear the burthen of them which Moses had complain'd was too heavy for 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Princeps Senatus or Lord-Chief-Justice and this High Court exercis'd Jurisdiction over them not only under those extraordinary Judges whom God raised