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A67269 A sermon preached at Great St. Marie's church in Cambridge before the Right Honourable the Lord Chief-Justice Holt, at the assizes held there, August 1, 1693 / by Tho. Walker ... Walker, Thomas, 1658 or 9-1716. 1693 (1693) Wing W416; ESTC R4995 18,815 38

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loving Mercy of being kind and charitable to all Men even to the Ungratefull and of diffusing our good will to those whom our Bounty cannot reach We never read that God has commanded us to be Omniscient or Omnipotent because the Attainment of these Sublime Excellencies and peculiar Perfections of the God-head is plac'd beyond the Sphere and Capacity of our weak and finite Natures and Abilities But as if we had a sort of Infinity ascrib'd to us in this respect God has commanded us to be Mercifull and Holy as he is so i.e. according to the measure and proportion of our stinted Capacity and our frail and lapsed Condition Which we cannot be without first being Just and Upright in Heart because Justice is a Virtue of the First Magnitude and is of so comprehensive a Nature as that it is said to contain all other Virtues in its Fruitfull Womb. For indeed the love of God and of our Neighbour which as we are assur'd by an Infallible Author is the sum and substance of the whole Law is the Natural Result and Proper Effect of a Primum Justitiae officium est Deum cognescere ut parentem eùmqae metuere ut Dominum diligere ut patrem Secundum Justitiae officium est hominem agnoscere velut fratrem Lactant. Epit. p. 685. Ed. Oxon. Justice and Gratitude For how can we absolve our selves from the nonperformance of these Duties without being highly Unjust and Ungratefull If after having been obliged by God in so Extraordinary a manner in his giving us a being and providing a comfortable subsistance for us in this World and in taking care for our Future Happiness we should refuse to pay him the inconsiderable Tribute and Homage of our Love and Service no Name of Reproach can be bad enough for us except it be those of being Unjust and Ungratefull And as Men are not self-sufficient or able to make themselves Happy like God in contemplating and reflecting upon their own Perfections and so wanting the help of others are naturally inclin'd to Society from which they expect Relief and Comfort in all their Troubles and Necessities so can They by no means escape the Imputation of Injustice who do not lend a mutual assistance to others in their Afflictions and Calamities from whom they themselves expected and perhaps received Kindness and Benevolence when they labour'd under the same or such like Inconveniencies or Disasters a Omnium quae in docterum hominum disputatione versantur nibil est prefectò praestabiliue quàm planè intelligi nos ad Justitiā esse natos Neque opinione sed natura constitutum esse Jus. M. Tull. lib. 1. de leg p. 326. Ed. Lamb. For to that end were they born and not for themselves alone according to that wise saying of Tully of all those things which are disputed on by Learned Men there is nothing better than plainly to understand that we are born to do Justice and that Right is the Constitution of Nature and not of Opinion Hence it is that the Law b Mat. 7.12 of doing to others as we would they should do unto us again has obtain'd so much credit in the World that thô the practice of it be often neglected yet it is every where and by all Men commended to be most Just and Reasonable being taken in a right sense with some Restrictions and Limitations as that our Will must be suppos'd to be Regular and to desire nothing of others which may infringe the Laws of Equity Modesty Decency and good Manners For if one should tempt another to Lewdness and Dishonesty to be partaker with him or her in Theft or Adultery and should make use of an Argument grounded upon this Text that he desires nothing of another but what he should be willing to Gratifie him or her in again upon a like occasion this would be to abuse the Rule before us which is never so to be understood as to patronize Sin or elude the Laws of Justice and the Precepts of Holiness Or if a Criminal standing at the Bar convicted of some Notorious Crimes which deserve that the Sentence of Death should be past upon him should argue thus That if the Judge was in his case he would willingly be acquitted and therefore that he ought not to pass Sentence upon him because if he does he violates the Rule of doing to others as he would they should do unto him again In this Case a Judge ought not to take his Measures from the Irregularity of anothers will but from the Rules of Justice and Equity which all Men are universally obliged to observe thô not always in their utmost rigour and extent For we are advised by the wise Man a Eccles 7.16 not to be righteous over much that is not to stretch things beyond their due measure and make more of a Circumstance or an Evidence than they will naturally and fairly bear but to mix Clemency and Mercy with our Justice and that where Right and Property a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Platon Protag p. 225. Ed. Marsil Ficin Peace and Safety and the Publick Good can be preserv'd and secur'd without inflicting Punishment then to preser Mercy before Justice because it is the Attribute of God we most Admire and Adore and which is said to b Jam. 2.13 Rejoyce or Triumph over Justice or against Judgement 2ly I come now to propound some instances where in a Righteous Man excells his Neighbour First If he be a Person who is entrusted with Rule and Authority and the Administration of Justice if he be Advanc'd to some Eminent Station either in Church or State He prefers the Publick Good before his own Private Interest He aims not at carrying on any base Designs of enslaving his Country to a Forreign Power and Papal Jurisdiction whose Arbitrary Exactions and Impositions have been so Intolerable that they have been often oppos'd and at last cast off even whilst the Nation profess'd the Roman Religion He chuses to stand up in Vindication of the Just Rights and Legal Properties of Millions of People as much as he can without resisting Lawfull Authority rather than suffer the Wise and Ancient Laws of his Country the Freedom and Liberty of his fellow Subjects and the True Religion establish'd amongst us to become a Sacrifice and Prey to the Inveterate Rage or insatiable Ambition of a few Aspiring and Merciless Men. He cannot be perswaded that the Numerous Race of Mankind were created on purpose to be trampled upon by some Nero's and Caligula's who are not contented with the Preheminence and Authority which the Laws of God and the Land whereof they are Governours have Invested and Impower'd them withall or that it is Reasonable to think that God has given them leave at their Pleasure to dive●t their Cruel Minds with exercising the Patience and Fortitude of Innocent Men with Racks and Gibbets and other Torments No as they have no Commission or Authority to do Evil so the