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spirit_n accusation_n accuse_v accuser_n 18 3 10.3597 5 false
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A45158 Cases of conscience practically resolved containing a decision of the principall cases of conscience of daily concernment and continual use amongst men : very necessary for their information and direction in these evil times / by Jos. Hall. Hall, Joseph, 1574-1656. 1654 (1654) Wing H371; ESTC R30721 128,918 464

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partner in the injury if for want of his seasonable interposition a good cause is lost and a false plea prevailes That therefore which in the second place he alledgeth that the Subject can have no reason to complaine of the Judge for as much as it is out of his power to remedy the case and to passe other sentence than is chalked forth by the rule of Law might as well be alledged against him in the plea of life and death wherein he will by no meanes allow the Judge this liberty of an undue commendation neither is there any just pretence why an honest and well-minded Judge should be so sparing in a case of life and so too prodigall in matter of livelyhood As for this third reason that the mis-judgement in case of a pecuniary damage or banishment may be afterwards capable of being reversed and upon a new Traverse the cause may be fercht about at further leisure whereas death once inflicted is past all power of revocation It may well inferre that therefore there should bee so much more deliberation and care had in passing sentence upon capitall matters than civill by how much life is more prcious and irrevocable than our worldly substance but it can never inferre that injustice should bee tolerable in the one not in the other Justice had wont to be painted blind-fold with a paire of scales in her hand wherefore else but to imply that he who would judge aright must not look upon the issue or event but must weigh impartially the true state of the cause in all the grounds and circumstances thereof and sentence accordingly To say then that a Judge may passe a doome formally legall but materially unjust because the case upon a new suit may be righted were no other than to say I may lawfully wound a man because I know how to heale him againe Shortly therefore whether it be in causes criminall or civill whether concerning life or estate let those who sit in the seat of Judicature as they will answer it before the great Judge of the World resolve what event soever follow to judge righteous judgement not justifying the wicked not condemning the innocent both which are equally abominable in the sight of the Almighty CASE VII Whether and in what cases am I bound to be an accuser of another TO be an accuser of others is a matter of much envy and detestation insomuch as it is the style of the Devill himselfe to be accusator fratrum an accuser of the brethren Yet not of his owne brethren in evill It was never heard that one evill spirit accused another but of our brethren Revelat. 12. 10. it was a voice from heaven which called him so Saints on earth are the brethren of the glorious spirits in heaven It is the wickednes of that malicious spirit to accuse Saints But though the act be grown into hatred in respect both of the Agent and of the Object yet certainly there are cases wherein it will become the Saints to take upon them the person and office of accusers Accusation therefore is either voluntary or urged upon you by the charge of a superiour Voluntary is either such as you are moved unto by the Conscience of some hainous and notorious crime committed or to be committed by another to the great dishonour of God or danger of the common peace whereto you are privy or such as whereunto you are tyed by some former engagemeut of vow or oath In the former kinde a worthy Divine in our time travailing on the way sees a leud man committing abominable filthinesse with a beast the sinne was so foule and hatefull that his heart would not suffer him to conceale it hee therefore hastens to the next Justice accuses the offender of that so unnaturall villany the party is committed endicted and upon so reverend though single testimony found guilty Or if in the case of a crime intended you have secret but sure intelligence that a bloudy villaine hath plotted a treason against the sacred person of your Soveraigne or a murther of your honest neighbour which hee resolves to execute should you keep this fire in your bosome it might justly burn you Whether it be therefore for the discovery of some horrible crime done or for the prevention of some great mischief to be done you must either be an accuser or an accessary The obligation to accuse is yet stronger where your former vow or oath hath fore-ingaged you to a just discovery you have sworn to maintaine and defend his Majesty's royall Person State Dignity and to make knowne those that wilfully impugne it if now you shall keep the secret counsels of such wicked designments as you shall know to be against any of these how can you escape to bee involved in a treason lined with perjury These are accusations which your conscience will fetch from you unasked But if being called before lawfull authority you shall be required upon oath to testifie your knowledge even concerning offenders of an inferiour nature you may not detract your witnesse though it amount to no lesse than an Accusation Yet there are cases wherein a Testimony thus required tending to an accusation may be refused As in case of duty and nearenesse of naturall or civill relation It were unreasonably unjust for a man to be pressed with interrogations or required to give accusatory testimonies in the case of parents or children or the partner of his bed Or if a man out of remorse of conscience shall disclose a secret sin to you formerly done in a desire to receive counsaile and comfort from you you ought rather to endure your soule to be fetcht out of your body than that seeret to bee drawn out of your lips Or if the question be illegal as those that tend directly to your own prejudice or those which are moved concerning hidden offences not before notified by publique fame or any lawfull ground of injury which therefore the Judge hath no power to ask In these cases if no more the refusall of an accusation though required is no other than justifiable But where neither the conscience of the horridnesse of a crime done nor prevention of a crime intended nor duty of obedience to a lawfull authority nor the bond of an inviolable pre-ingagement call you to the Bar It is not a more uncharitable than thanklesse office to bee an accuser Hence it is that Delators and Informers have in all happy and well-governed States been ever held an infamous and odious kinde of Cattell A Tiberius and a Domitian might give both countenance and reward to them as being meet factors for their tyranny but a Vespasian and Titus and Antonius Pius and Macrinus or what ever other Princes carryed a tender care to the peace and welfare of their Subjects whipt them in the publique Amphitheater and abandoned them out of their dominions as pernicious and intolerable And as these mercenary Flies whether of State or of Religion are justly hatefull