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And therefore this is a common saying, "The more wicked, the more lucky:" but they that pertain to God, that shall inherit everlasting life, they must go to the pot; they must suffer here, according to that scripture, Judicium a domo Dei incipit; "The judgment of God beginneth at the house of God."
And again, Pio itaque animo haec consideratio semper adesse debet, utrum id quod praecipitur sit divino mandato contrarium necne: atque ne ex hac parte fallantur, adhibendum est illud judicium discretionis, quod nos tantopere urgemus. Sect. 21.
The evidence is therefore conclusive that the phrase per judicium parian suorum means according to the sentence of his peers; thus implying hat the jury, and not the government, are to fix the sentence. Earls and Barons shall not be amerced but by their peers, and according to the degree of their crime."
He concluded with saying, "We know at present on what ground we stand; by the statute of Edward III. we know what treason is; by the two statutes of Edward VI. and the late act, we know what is proof; by the Magna Charta we know we are to be tried per legem terræ el per judicium parium, by the law of the land and the judgment of our peers; but if bills of attainder come into fashion, we shall neither know what is treason, what is evidence, nor how nor where we are to be tried."
It cannot be embodied in print, it consists in the living word. True learning does not consist in the possession of a stock of facts the merit of a dictionary but in the discerning spirit, a power of appreciation, judicium as it was called in the sixteenth century which is the result of the possession of a stock of facts.
Sect. 2. Non numeranda suffragia, sed appendenda, saith Augustine in Psal. xxxix. Our divines hold, that all things which are proposed by the ministers of the church, yea, by aecumenical councils, should be proved and examined; and that, when the guides of the church do institute any ceremonies as necessary for edification, yet ecclesia liberum habet judicium approbandi aut reprobandi eas.
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