Selected quad for the lemma: friend_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
friend_n answer_v great_a lord_n 828 5 3.5729 3 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A46905 Nature inverted, or, Judgement turned into gall delivered in a sermon at the Cathedral Church of St. Peter in York, upon Monday the 18th of July, 1670, being the summer assize held before the Right Honourable Baron Turner and Baron Littleton, the Right Worshipfull Sr. Philip Monckton, Knight, being then High-sheriff of Yorkshire / by James Johnson ... Johnson, James, 1639 or 40-1704. 1670 (1670) Wing J778; ESTC R3847 13,194 25

There are 2 snippets containing the selected quad. | View lemmatised text

not be so favourable to themselves as to forbear such trivial actions it were well if Judges would take Gallio's course and drive such actours from the Judgement seat We go not to the Physician for every ail and small distemper no more should we to the law for every petty quarrel and slight offence It 's a strange opinion that hath possessed the minds of many not to say most men that when they please they may sue for their own and lawfully contend for their right and he is accounted a good and just man that seeks after no more but if this be universally understood and in all cases it will not hold true For the rules of equity as well as of Christianity oblige us to yield oftentimes in such things wherein by law we might stand and to forgo such things which by law we might require without which equity justice and peace could not consist Equity hath a power of over-ruling that liberty which the law gives and enjoyns us in many cases to recede from our right for the upholding and preserving either of publick peace or private And therefore they that always make use of the law to get their own are not so just as they would seem to be for that which is done by law is not always justly done Quod jure fit non semper juste To go to the law for trifles so likewise to steal law upon others and surprize them unawares or to make use of the law as the first remedy of justice which is ordained to be the last or to enter suits before any overtures of peace and agreement be made whereby many are forced into the Courts that would willingly satisfie by private order as much or more than they are compelled by publick Such proceeding is not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not justice but extremity for as to make use of the law for a cause sufficient and where right is denied is justice and equity so to make use of it for trifles and when other remedies may be had is extremity and so an injury 3. The law is abused by an undue suspension and suppression of it which likewise is a perverting of justice and turning judgement into gall for suppressing of the law is oppressing of those that should be preserved by it and according to the Jewish proverb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pernoctante judicio cessat judicium When waters are stagnant they presently cause a stink and putrefaction and when the law is stopp'd in its course the streams which should run down like a river prove like the waters of Marah bitter and unpleasant Currat lex as an eminent Judge of our own nation once answered the letter of some great Lords writ in behalf of their friend or according to the Emperour's Motto Fiat justitia pereat mundus let the law have its course and justice be done be the consequents or parties concerned in it what they will There are two usual obstructours of the law fear and favour neither of which must stop its passage The greatness of any must not cause fear in those to whom the inspection and execution of the law is committed Deliver him that suffereth wrong from the hand of the oppressour and be not faint hearted when thou sittest in judgement says the wise son of Sirach Fear regards more the greatness of the person than the nature of the cause to prevent which Jethro advises Moses to employ such in judicial affairs as were men of courage 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 strenuous and undaunted and God himself forbids the magistrate to fear the face of man for the judgement is God's It was a valorous resolution of Papinianus that chose rather to die than to excuse the parricide of the Emperour Antoninus Bassianus And it was no less heroick act of those Catholick Bishops who being charged by the Arrian Emperour to condemn Athanasius both without witness and unheard would rather hazard their estates than by fear be betraied to do that injustice Favour is another obstructer of the law which when it is observed judgement must needs be perverted Accept no person against thy soul let not the reverence of any man cause thee to fall as that wise man advises It was a strange message that Agesilaus the Lacedemonian Prince a man otherwise justly renowned for his good government wrote to some Justice or Officer of state in favour of Nicias Niciam si insons est dimitte si sons meâ causâ dimitte utcunque dimitte If Nicias be not guilty dismiss him if guilty yet for my sake dismiss him however let him be dismissed But as the law which is the dumb magistrate is made without respect of persons so should the magistrate which is the speaking law execute it without favouring of them punishing a grand oppressour as well as a petty purloiner an haughty adulterer as well as an inferiour debauched person and laying the law to a great Recusant as well as to a poor schismatick or separatist and if such great ones were made examples of justice and the laws not suppressed out of fear or favour to them such severities would strike more awe terrour into transgressours then the punishing of an hundred underlings and inferiour persons Such should have no more favour shewed them than what Galba Governour of Arragon in Spain the same as some think that afterward was Emperour of Rome did to a condemned Gentleman that intreated he might not die the death of ordinary malefactours he offered him onely this priviledge that waving the common gallows he should have one made higher and if he would carved and painted too 4. The law is abused by a too severe execution of it when the extremity of it is prosecuted against any that perhaps have done something contrary to the letter of the law but not violated or contradicted the end of it or intent of the law giver in which cases if rigour should always be used laws which are intended for the behoof and benefit would by such severe construction become the bane and ruine of humane society and judgement which of it self is sweet and pleasant by such forcing and straining it would be turned into gall and bitterness Wringing of the nose says Solomon bringeth forth blood and by wringing of the law and making it a nose of wax to bend to the humour of every inconsiderate prosecutour forceth blood and thereby rather contracts a guilt than takes any away Our laws are not like Tiberius or Caligula's decrees which were termed furores non judicia and therefore are they not without great necessity to be executed as Draco's were said to be written in blood for by such proceedings summum jus would be summa injuria To prevent which not onely ours but all well governed polities have given some power more or less into the hand of the Magistrate even in those Courts that were as one speaks strictissimi juris according to the exigency of
been concerned thereby to justifie themselves in their own eyes whilst they heard others condemned for that of which their own thoughts proclaimed them guiltless but when he comes so close unto them as to touch their guilt and thereby to gall their conscience this proves as bitter and distastfull to them as their injustice and oppression did to others Such like entertainment this kind of dealing had from Ahab who upon that account esteemed Elijah his enemy and for the same reason was so incensed against Micaiah as he could not endure him The Galatians entertained hard thoughts of Saint Paul for it and looked upon him as their enemy because he told them the truth The mistaken world counts it love and respect to forbear reproof and hatred and ill will to tell men their faults But David who knew how to make a better estimate herein counts such his chiefest friends Let the righteous smite me it shall be a kindness let him reprove me it shall be an excellent oyle and Solomon his son confirms the same Faithfull are the wounds of a friend and God himself hath made this not onely a part of our duty but a signe of friendship and amity thou shalt not hate thy brother thou shalt in any wise rebuke thy neighbour and not suffer sin upon him Peccata permittere non est mansuetudo sed crudelitas to cut and lance apostemated wounds and fretting sores 't is not cruelty but mercy As he that binds a man in a phrensie or awakens one in a lethargy though he troubles both yet he shews more mercy than disquiet to them Ligatur phreneticus stimulatur lethargicus ambo offenduntur sed ambo diliguntur And how unwelcome a messenger soever the Prophet might be to these here or how disgustfull his messge yet he is so far from flattering them in their greatness or soothing them in their vices that on the contrary he points out unto them the deformity of their vices and the stain of their greatness even their injustice and oppression that they had turned judgement into gall and the fruits of righteousness into hemlock 2. Which leads secondly to the consideration of the nature and quality of their sin which is of great extent and like the sin of our first parents hath many others included in it This is 1. Inversio naturae an inverting and changing of nature it self This is to alter the essence and being of things to reduce the creation as much as is possible into its Primitive Chaos and confusion to take away all distinction of right and wrong to call evil good and good evil to put bitter for sweet and sweet for bitter darkness for light and light for darkness 'T is to make Candida de nigris de candentibus alba 'T is a stranger inversion of nature than for horses to run or oxen to plow upon a rock God hath imprinted in the natural consciences of men notions of right and equity and he blots out and obliterates these that make so strange a metamorphosis as to turn judgement into gall and righteousness into hemlock This is 2. Abusus legis an abuse of the law Which is abused 1. By a bare pretence unto it which is a crime so much the greater by how much it does the more closely lurk and shroud it self under that which is intended for its prevention thereby making the law a partner with it in the transgression Such cunning oppression under the specious colour of justice is one of the greatest dishonours can be laid upon the law which yet is most commonly done by those that pretend to be the chief preservers of it who instead of being instruments of justice become engines of cruelty which they act the more safely and securely because under a pretence of equity being herein like the bush or bramble in the Fable that instead of sheltering the sheep from the storm tears the fleece from it such greedily feed upon other mens wants live by other mens losses and as the common souldier complained against Pompey miseriâ nostrâ magnuses they grow great by other mens miseries It was one of the aggravations of injustice that Saint Cyprian complained of in his time that inter leges ipsas delinquitur inter jura peccatur nec innocentia illic ubi defenditur reservatur As there is no impiety like that impiety that is committed in Gods sanctuary so no injustice like that injustice whereby men in the midst of laws sin against law and do injustly in the Courts of Justice To erect an high Court of pretended Justice to condemn Royal innocence is so much the greater injustice by how much under that disguise it would appear to be the less Pretences of justice alter not the nature of actions though they may set a fair gloss upon them The Devil is not at all the better for appearing in Samuel's mantle no more are mens fraudulent actions for having the law as a cloak to cover them by the help of which they generally arrive at a greater height and perfection of wickedness than they could otherwise attain to Under the protection of this a crafty pleader like Tertullus will argue any thing injuriously a spitefull prosecutour like Sanballat will suggest any accusation falsly a confident witness like those against Naboth will swear any thing boldly a tame or heedless jury like the Jews against our Saviour will swallow down any thing rashly and inconsiderately a craving Scribe or corrupted Officer like him in the Gospel that writ fifty for an hundred will for a tacite bribe foyst in any thing secretly and unjustly by reason whereof though the Judge in these cases be not like Felix that expects a reward privately but administers justice without by respects and impartially yet can he scarce hinder though he may complain as Dioclesian the Emperour that pessimis servis cautus optimus venderetur imperator but that justice will sometimes be perverted and judgement turned into gall 2. The law is abused by an unnecessary use of it when men bring trifling and frivolous suits not worthy the Magistrates cognizance to the Judgement seat so that let the judgement be what it will it must needs in some measure prove gall to the parties concerned in it for even he that gets the conquest by so chargeable a remedy shall thereby be a loser a man's relief by such means being heavier than the injury it removes for it often happens as he in the story said ut tu victrix provincia plores In which cases such may have cause to answer the congratulations of their friends as Pyrrhus in Plutarch did his after he had gotten two famous victories over the Romans 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 if they should get a few more such victories it would be to their utter ruine And if such quarrelsome and contentious spirits with whom there is no more ado but a word and an action a trespass and a process will