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A48944 The honour of the magistrate asserted In a sermon preached at the assizes holden at Lincoln on Monday, March the 23. 1673/4. By Thomas Lodington, M.A. Sometimes fellow of Magdalen Colledge in Cambridge, and now rector of Welby in the county of Lincoln. Lodington, Thomas, 1621-1692. 1674 (1674) Wing L2812A; ESTC R217723 19,040 35

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they cannot persecute us we are content so far to be reputed Persecuters As to the cause of Religion we desire you to use the Civil Sword to protect us of the Clergy in the Profession and Exercise of it no further than we shall be able through the grace of God to use the Sword of the Spirit to defend the Doctrine of it against all adversaries whatsoever We are so well assured of the goodness of our Cause and have of late been so well awakened by the insolencies of our adversaries that the weapons of our spiritual warfare that before lay in their rust when no adversary appeared are now furbished up and appear able to desend us But against their cunning contrivances and secret conspiracies against their bloody massacres and open violences we have no means to defend our selves onely our Prayers are unto God who is a God of truth and delights in the safety of those that stand up for the truth Our Prayers are also unto you whom God hath stiled Gods under your shelter we betake our selves Vmbra Principis est umbra Dei So the Arabick Proverb Under your shadow we hope to be safe You are Gods not Titular gods who have the name of God and nothing else but Tutelar Gods to whom our defence and safety is committed There is another sort of People yet remaining who are a dishonour to Religion and hinderers of it both in the publick exercise and pious practise I mean the Atheist and Profane I put them together for they both live without God in the World the one impudently with his mouth the other Sinfully in his heart and life says There is no God The emptiness of our seats in our solemn assemblies proceeds chiefly from these mens contempt of the holy Ordinances of God The greatest profanations of the Lord's day are from these The ancient Heathens not understanding that the Sabbatical rest was appointed not to satisfie the flesh with ease and sloth but to make way for work of e higher nature and greater concern to be performed by the whole man derided the Institution of the Sabbath And Seneca as St. Augustine observes doth unjustly accuse the Jewish Sabbath as depriving men of the seventh part of their time and as devoting that to idleness which might be profitably spent in their lawful employments and as if the God of the Jews wearied out with his six dayes labour in creating the World did devote the seventh day to his ease and refreshment Our moderu Heathens by their loose observance of the Lord's day seem of the same opinion with the Ancient while they either grudg to have it give intermission to their secular affaires or else spend it wholly in sloth and carnal pleasures Your severer Eye my Lords upon these persons might happily cast an awe upon them to spend the Lord's day with more conscience or at least less scandal Our Givil rights come next into our thoughts and present themselves to you my Lords in our Petition that Justice be administred for the preserving to every man his right in possession and the recovering it where he is disseized And here all persons concerned in this Court either in bringing any Cause to tryal or in preparing it for judgment are to be earnestly requested that they do what truth and justice requires of them You that bring the action do not bring trivial matters before my Lords the Judges for they fit on the tribunal of the great God Do not more vexations Suits to disquiet your neighbour without Cause The Law is good as the Apostle says of the Law of God if a man use it lawfully namely to preserve or recover his just right Do not bring an unjust Cause in hopes of good success either through the wisdome and eloquence of your Councel or favourableness of your Jury not to mention any other more S●●ister meanes For as an Angel of God so is my Lord the King to discern good and had and my Lord is wise according to the wisdom of an Angel this is said of David and may be applied to others whom God hath placed on the seat of Justice It would make much for the honour of the long Robe and give check to contentious Spirits if the Learned Councel would refuse the Patronage of such Causes as appear unto them manifestly bad I do believe some causes are declined by those worthy Persons upon this very account because their integrity and generous minds will not suffer their choyce parts and great accomplishments in knowledge and eloquence to ingage against the truth least they should serve too happily to bear down a Righteous Cause And many times where Persons of integrity and worth are retained in unrighteous Causes the blame may justly be cast upon the Client who out of a natural partiality to himself misreports his Cause and puts such a disguise upon it that the blemishes of it are not seen by his Councel He declares his cause before his Counsel as before his Judge not as to the person who is to edvise him in it but as to him who●● to give Sentence upon it Witnesses have a singular usefulness in judicial proceedings If they prevaricate and attest what is false they are an unavoidable obstruction of justice judgment proceeds secundum Allegata et Probata it's the proof that gives weight to the allegation and that lyes upon the witnesses If they give false evidence the very nature of the thing is thereby changed a being is given to that which is not and taken away from that which is For in Courts of Judicature the appearance is more than the essence Quod non apparet non est and what is made appear though by false evidence is supposed and adjudged to be Therefore false witnesses do in the Prophet's Expression Justifie the wicked and take away the righteousness of the righteous from him Jurors are as much coucerned as any in the administration of justice and therefore must be addressed to in our request The Law takes them for good and lawful men and if we make them participants in the stile of the Text though in the lowest degree we advance them much higher and they indeed are the judges in all causes though they sit not on the Seat yet do they the Office of the Judge They bring to the Bar that sentence which the Judge pronounces on the Bench. Act like your selves like men of repute as men advanced to great employment and trust The lives and estates of others are in your hands stand upon your credit and do nothing base and unworthy Look not now upon your selves as you are in your private capacity but what you are in your publick employment You are summoned hither upon the credit of your abilities and integrity you are impannelled into Juries and so made Judges in matters criminal betwixt the King and his People in matters Civil betwixt man and man shew your selves in your present service persons worthy of such eredit and such