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A18356
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Sixe sermons. Preached by Edward Chaloner Doctor of Diuinitie, and Fellow of All-Soules Colledge in Oxford
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Chaloner, Edward, 1590 or 91-1625.
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1623
(1623)
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STC 4936; ESTC S107651
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125,612
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381
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where Adam he first beginnes alas he could not denie the Fact but extenuates it by laying it vpon the Woman and shee vpon the Serpent What patience what mercie what indifferencie was here shewed by God to Man what should Man be to Man Brother to Brother Wee reade how after this Cain slue Abel Abel said nothing but his bloud accused Cain euery drop of innocent bloud hath a tongue and is not onely vocall but articulate yet God proffered the same law vnto him Where is thy Brother Abel though Cain at his enditement answered stubbornely and as hee had not grace to auoid his sinne for he had not then grace to confesse it God varies not in his workes of clemencie almost two thousand yeeres after this hee deales in the like kind with Miriam and Aaron when in Arabia's Desarts they murmured against Moses Numb 12. But hee hath not onely by example but by precept also established this forme of Iudiciall proceedings in the thirteenth of Deut. sayth Moses If thou shall heare say that certaine men of the children of Belial are gone out from amongst you and haue drawne the Inhabitants of their Citie saying let vs goe and serue other gods which yee haue not knowne were they presently to smite the Inhabitants of the Citie with the edge of the sword were they vpon this rumour to leuie an Armie and to raze their Walls leuell with the earth no the Text sayth and that with great Emphasis and weight of words Thou shall enquire and not so only but make search nor here rest but aske diligently if it be trueth and the thing certaine see the Staires and ascents to mature and ripe iudgement enquiring searching asking diligent asking words of industrious and sedulous inquisition glossed and expounded by Nicodemus in our Sauiours case Ioh. 7. doth our Law iudge any man before it heare him had Pharaoh and Potapher obserued this precept Ioseph innocent Ioseph had not so long felt the miseries of wrong imprisonment Gen. 39. Had Irijah Captaine of a Ward in Ierusalem vsed this preseruatiue poore Ieremiah the Prophet had not beene deliuered into the hands of his persecutors Ier. 37. Had the Magistrates of Philippi vsed this equitie towards Paul and Silas these Saints had felt the warmth of some iustice and not beene beaten vnheard and vncondemned Act. 16. The law of Reason therefore hath set this print of her foot in all well-founded Policies to giue free audience to both parties I must confesse that the manner is diuers for in the Areopage at Athens the Accuser might freely accuse but the Defendant only speake to what was obiected Vlpian in orat Demost de falsa legat but in the Forum of Rome whereas the Accuser had but sixe houres allotted him to accuse the guiltie had nine houres to make his answere which custome when it ceased I know not thus farre Festus declared the Roman fashion which my Text aymes at It is not the manner of the Romans to deliuer any man to die before that he which is accused haue the Accusers face to face and haue licence to answere for himselfe concerning the crime layd against him Act. 25. But whilest I presse the excellencie and equitie of this forme mistake me not beloued as if taxed heereby all those formes where the Magistrate proceeds against the Offender not by producing Witnesses to implead but ex Officio by vertue of his Office clearing the doubt by requiring an Oath of the Partie suspected for I take that this course is not contrarie but subordinate to that which I haue hitherto insisted vpon For in this case the Common-wealth whose person the Iudge represents as Valentia sayth is the Accuser Greg. de Valent. in Thom. tom 3. disp quast 13. and alleageth either an infamie or great suspicions or at least an imperfect testimonie against the Offender so that in an important businesse which concernes the good either of Church or Common-wealth let not the Partie questioned say that he is brought contrarie to the law of Nature to accuse himselfe or that hee shall bee condemned without impleading of Accusers for the Infamie the Suspicions or the Witnesse though perhaps not sufficient to condemne thee haue alreadie accused thee and the Common-wealth in the person of the Magistrate acts the Accuser doe thou see how thou canst purge thy selfe ho thou canst preserue that reputation of an honest man which if thou neuer hadst beene vrged by the Magistrate yet in Conscience thou hadst been bound to doe It is true that Writers doe giue some aduice for the administration of such Oathes as First that the person which is to purge himselfe thereby Vid. Coussin Apolog. determ Episc Winton Less de iust iur bee not such an one as is likely to forsweare himselfe that is such as are knowne to haue formerly perjured themselues Secondly that the cause be not Capitall for in such a case the Deuill who is the authour of perjurie hath taught Man his frailty Pellin pro pelle quicquid estâ—viri daturus est pro seipso Skin for skin and all that a man hath he will giue for his life Iob 2. Thirdly that the Crime be not wholly vnknowne vnlesse in two Cases the one when it doth hinder the execution of an Ecclesiastilall Function as Simonie and Irregularitie the other when some great scandallior damage will accrue to the Church or Common-wealth from the concealing of it as in Heresies and Treasons but that in other Cases it be semiplent cognita as they say halfe knowne at the least and that as before I told you either by an infamous report or manifest signes or some such witnesse which alone is not sufficient to conuince But where these Impleaders are present wee find the practice of Moses Law to warrant the lawfulnesse of these proceedings the Man suspected of stealth Exod. 22. the Woman of breach of Wedlocke Num. 5. were both to purge themselues by such an Oath where if in this the suspected of Stealth sware falsely the atonement by Sacrifice is set downe Leu. 6. and a Prayer of Salemons for the pardon of it 1. Kin. 8.31 So then you see let downe as it were from Heauen an Archtriumphant of Iustice whose pieces though they seeme not of the same making to the eye yet are they hewed out of the same Quarrie and raised vpon the same Foundation of mutuall impleadings It is a signe of a mercifull gouernment which in doubtfull matters goes not to Tortures of a Prudent which proceeds not by Lottories of a Religious which heedes not Deuinations nor tempts God for miraculous Reuelations Where impleadings faile as for crimes of higher nature I leaue for ordinarie let me say with Saint Austin Misericorditer corripiat homo quod potest August lib. 3. Cort. Parmen quod non potest patienter ferat Let Man mercifully correct that which he can that which he cannot let him patiently beare vntill God himselfe shall either reforme
Preacher toucheth no mans commoditie for what was Aristotle the richer for denying Vacuum in the World or Democritus the poorer for affirming it what is Galilaeus the wealthier for discrying mountaines in the Moone or Kepplenus the lesse landed for not seeing them to be a Nominalist or to be a Realist are held matters of great importance amongst some and yet make the most they can of Vniuersals genus species cogitur ire pedes I thinke that neither of them will make any great market of either But descend to other Problemes conuince Briberie tax Oppression disswade Depopulation or if you list to looke ouer sea and denye the Popes Ecclesiasticall and Temporall Iurisdiction or question Purgatorie his Market-towne Indulgences and Pardons his Ware now you touch Saint Peters copie-hold these bold Preachers must looke to themselues there want not Demetriuses and Crafts-men enough to accuse them But here you may behold as in a Mirrour the state of Christs Messengers in this Church militant vpon Earth you may see what Bands of Atheists what Armies of Epicures what Legions of couetous Mammons they necessarily doe prouoke and incense against them The Generall of these Troupes is not a bodily but a spirituall Enemie whose Dragon eyes pries into all aduantages against them intermits no time to entrap them no stratagem to subdue them Now what safetie can there be for simple Innocencie where there is so vigilant a Captaine so officious Souldiers Antichrist may come with Peace in his mouth when hee hath Warre in his heart hee may court it with the flatteries of an Harlot when either hee hath Poyson in his cup or Powder-plots in his head wee where Christ hath set vp his Flagge of defiance must deliuer his Message in his words wee may not either by mentall reseruations or verball equiuocations or secret euasions whatsoeuer turne either to the right hand or to the left but that which hee puts in our mouthes that must wee speake Quid proderit non puniri suo qui puniendus est alieno peccato sayth Prosper What will it boot a man not to be punished for ones owne sinnes when if he cease or omit to reprehend others hee shall be punished for their sinnes so that in this naked Warfare which we vndergoe in this plaine Song of the Word which we sing we find a weapon offensiue perhaps to some no way defensiue to shield vs from their malignitie hence Backbitings hence Slandrings hence Reuilings hence false Accusations how few Pauls how many Demetriuses how few Patrons of Religion how many Crafts-men And how should the chance fall otherwise for thinke you that the world will now brooke a checke of our rudenesse when the Diuine eloquence of the Apostles was so harsh vnto it or will the sonnes of the Earth suffer without indignation the least diminution of their riches by our meanes when they welcommed S. Paul himselfe with such affronts for attempting it nay rather perish Religion fall Churches cease prayers be forfeited all the treasures and conduits of grace to the vttermost racke of Saluation the losse of Heauen to boote But I hope better things of this Auditorie I trust right Honourable that your graue wisedomes will bee a Sanctuarie vnto those which are accused by Demetrius or their factious complices Magistrats as the best coÌ„mission they can shew for their authoritie is the Word written so the best Agents they haue to cause that their commands are executed are the Ministers of this Word You deale not with Barbarians but Christians this is our labour your lawes are executed not of constraint but willingnesse this is our diligence you are obeyed not for feare but conscience this is our industrie O what an happy thing were it then for England if the place which I now stand in to defend against the Crafts-men were lesse contemned more reuerenced and obeyed we should then need no Assises but the Iudgement Seat of God no Accusers but Conscience no Bloud to shed but Teares no Torments to affrighten but Hell no Death to die but to Sinne and Iniquitie As for the rest of this iudicious Assemblie whereof the greater part are interested in Pauls cause my best hopes are that they will not leaue any which possesse his roome to the bitings of such Dogs if their merchandise haue corrupted any to be fauourers of their gaines or touched with their losse I should rather hold them meet to bee admitted into the Corporation of Demetrius and the Crafts-men then to be reputed successors either of Paul or his companions And so I passe from the accusers produced Demetrius and the craftsmen to the directions for hearing which come in the second place to be treated of The law is open and there are Deputies 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith the Originall which in Latine may bee rendred Forenses aguntur or to vse Cicero's phrase Forum agunt the Pleas are held or the Courts are kept Now what these Courts should be I find some difference amongst Writers The Syriack translation implies as Tremellius obserues the Corporations of Artificers to which either Numa Dionys Halicar lib. 1. Plin. lib. 34. c. 1. Flor. in Epist Baron Annal Tom. 1. as Dionysius Halycarnassaeus and Plinie report or Seruius Tullius as Florus affirmes gaue these immunities to haue Causes heard and determined within their owne Halls Baronius would haue them to bee vnderstood of certaine Circuits which the Roman Proconsuls deputed for Asia whom hee would haue here meant by Deputies made at set seasons in those Prouinces and were not altogether differing from those which at this time are presented to our view Lorin ad loc and this Lorinus moreouer confirmes out of Dion Chrysostomus and Festus de verborum significationibus Howsoeuer two things worth our consideration at this time doe in these words offer themselues to be discussed the one the free accesse which â—ourts of Iustice doe yeeld to all Plaintiffes argued in that hee saith The Law is open The other the due Ministers of Iustice for the satisfaction of all complaints where he addes And there are Deputies For the first where it is here said The Law is open the question ariseth how farre the borders of this Libertie doe extend Some distinguish betweene the dutie of the Magistrate and the dutie of priuate Persons Sot lib. 4. de inst q. 4. art 2. The Magistrate saith Sotus is to proceed according to the iniurie of the Patient because the forgiuenesse of trespasses which our Sauiour enioynes his followers to performe is an act appertaining to a man in his absolute state of Christianitie and not as he is respectiuely considered in some Office or Function of the common-wealth therefore vnlesse the pardoning of a crime in an Offendor bee more expedient for the common good to which euery priuate person is to submit his Cause the Law saith he is open on the Magistrates side to all the consideration whereof made the Courts of Iustice in all times to set