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A00409 Two sermons The Christians comfort in his crosses, conducting him in the tempests of tribulation, to the happie hauen of heauenly tranquillitie. And the iudges, and iuries instruction. By William Est, Maister of Art, and preacher of Gods word. Est, William, 1546 or 7-1625. 1614 (1614) STC 10539; ESTC S118617 33,688 92

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is as an excellent creature warily yet as a man without partialitie boldly In that dangerous time when Gr●ece had almost lost her libertie Adimantus and Themistocles Animantus reproued by Themistocles because he was too slacke he answered that such were beaten commonly in the Olimpian games which were too forward yea quoth Themistocles sed nec eos quise subdu●unt coronat quisquam but none crowneth them that conuey themselues out of the way Adimantus noted Themistocles of rash audacitie and he againe accused the other of timerousnes who detracted to fight when opportunitie serued I wished your Lo to make no more haste then good speede and now I must beseech you not to stay when you should goe forward not to stay iudgement though it be against mightie men though it may be you may haue some to lay holde on the skirt of your gowne to stay you not to punish in one what you will spare in an other A fearefull Iudge that standeth in feare of the mightie will be swaied by the authouritie of the mightie and is made such a slaue to his affections that the least thing will corrupt him Thus saith the mirrour of wisedome Pro 28. To haue respect of persons is not good for such a one will transgresse for a morsell of bread Surely there is not one point in the Iudges office whereunto the scripture speaketh more then to this Iehosophat placing iudges ouer Israel 2. Chron 19. exhorted thē saying Let the feare of God be vpon you take heede and doe it for there is no iniquitie with the Lord our God neither respect of persons nor taking reward This is also cōmanded by God Leuit 19. Leuit 19. Deut 1. Deut 1. You shall haue no respect of persons in iudgement but shall heare the small as well as the great ye shall not feare the face of man And the reason is added for the iudgement is Gods And it is the same that Christ saith in this chap ver 23. Iudg not according to the appearance but iudge with righteous iudgement Neither is it only vnlawfull to iudge partially but also vnprofitable in the ende for it hath euer the curse of God and the people pursuing it Pro 24. As Salomon teacheth saying It is not good for to haue any respect of person in iudgement for he that saith to the wicked thou art righteous him shall the people curse and the multitude shall abhorre him And for the curse of God Esa 5. Esa 5. Woe be vnto him that calleth good euill and euill good ver 20. which put darknes for light and light for darknes that put bitter for sweete and sweete for sower Plutarch saith that the Thebans a very prudent kinde of people in Greece were wont to painte in their temples this forme of an vpright Senate the Iudges sitting without eyes and hands as accounting it no matter if they wanted both eies and hands if they had a tongue and eares inferring therby an incorrupt iudgement Cur sine sunt manibus capiant ne xenia Alciatus Emble 144. nec se Pollicitis flecti muneribusque sinant Why want they hands to signifie that bribes they should not take Nor yet with promises be wonne true iustice to forsake S. Bernard saith S. Ber●ad Eugenium lib 2. that a good Iudge should feare God and nothing but him and looke for nothing in regard of his iudgement but from God Ageselaus though otherwise a good Prince yet he had this noted in him as a great blemish to his iustice A great blemish in Ageselaus that he wrote to the Iudge in the behalfe of his friend Nicias that if Nicias be not guiltie dimit●e hominem acquite him if he be found guiltie mihi dimitte acquite him for my sake and howsoeuer it be omnino dimitte yet acquite him Pericles was wont to say that when hee put on him the person of a Judge Pericles he put off the person of a friend so that this is plaine that no respect of man is to be had especially in matters of right wrong And this is the cause that Nichodemus raised vp this proposition from the particular to the generall not saying this man but a Man any man whatsoeuer For as the prouerbe is Let the Diuel haue his right Cyrus in Zenophon Cyrus in Zenoph being made a Iudge thought he did iustly when he gaue the longest cloake to the tallest man and the shorter to the little man but he was beaten for it and taught to giue each man his owne without regard of conueniencie I speake not this as if there should not be distinction of lawes for seuerall estates others for Noble men and others for common persons but where the law makes no difference there in Anacharsis spiders webbe the litle flies must not be caught and the great drones must goe through Galbas iudgment memorable Nay if Gentlemen offend their offence is worse Therfore Galbaes iudgment was most excellent when he was ruler of Aragon and had adiudged a gentleman to be hanged he pleaded that he was a gentleman and therefore should haue more fauour then a common person you shall saith Galba● for you shall not be hanged on the cōmon gallowes but you shall haue one of purpose made for you higher then the other and it shal be carued and painted too if you will I stand not on the circumstances so the substāce be performed And so with this noble patterne of Iustice I ende this 2. point which is the subiect of iudgement a Man which teacheth the Iudge to iudge warily and without respect of persons 3. The third thing is the order to be obserued in iudgement which is expressed in these words Before it h●are him ●nd knowe what he hath done Where we are taught that first in generall enquirie knowledge must goe before iudgement 2. in particular that this enquirie must be to knowe what the man hath done 3. How we must come to knowe this by hearing him speake for himselfe For the first that inquirie must goe before iudgment God himselfe hath put it out of all question in conuenting Adam to knowe what he had done before he pronounced sentence vpon him Gods eyes cannot be blinded for he beholdeth all things yet herein he dealeth with man as if he himselfe were not God to teach the Gods on earth which see but in part how they should proceed in iudgement and this he teacheth Deut. 1.16 Deut 1.16 First heare and then iudge the controuersies betweene your brethren And Deut 13. they are willed in causes of idolatrie in euery Citie to make diligent enquirie whether the report be true This being so where shall the vnrighteous Iudge appeare which iudgeth before the enquirie The example of Piso is very incommendable who when a souldiour returned into the campe without his fellowe with whom he went forth cōdemned him forthwith to death as a murtherer of his fellowe who comming in