·it, to d.if.~ble him from doing mifchicf, when really it is a prob:1ble means thereto; and when ncirhcr fcando~l nor other accidents do prohibitc ir. 149 Q_;eH. 6. !VIay a ricb man maJv ufe nf bi.t fritnd; and purfe in a j1~ caufe, to bear d.rwn or tire ~eft. 6. out a poartt' m:m, tbat bath a bad cau[e ? A17[w. Not by bribery or any evil means : For his procading muft be jufi: as well as his caufc. Eut if it be an obfiinate knave that fcuerh himfdf to do hurt to others, it is !J.wtul to make ufe of 1he favour of a righteous Jud..,g~ or M-agifira~c agai.nH him : And it is la~llll tO humble him by the length an~ n:pcnlivcnefs of the: ~~..u.t,~h.en that IS tht: htreli means, and no unJnfl aCl: ion is done in it: S:ill {up· pobr.g that fcandal proh!ba H not: Bur lee no proud or cruel pcrfoh think, that therefore they m•y by pmfr, and tricnds, and tc:dicus Law-Suits npp~tfs the inr.vc~nr, ::~nd atuin their own un~ righteous wi11s. Q.Hfl. 7· May one ufe Jirch Frms in Law~Suiti aJ in the litcr~Jl{rnfe are grofi untruths (in Dtcl.zr:zti• ~rft. 7• tioni, An[n:ers, or thelikJ ) ! Anfw. The ufe of words is to cxprcfs the mind : And common ufe is the interpreter of th<m : If th<y arc fuch ~ords as the no.torious ~ommon ufc hat h ~ut anothtr fe11fe on, than the literal one, they mull be token Jn <he fenfe wh~eh pubhck ufe ha<h pU! upon <hem. And if!ha.< pub!ick fenfe be !rue or falfe, accordingly they mly, or may not be ufed. ~tft. s. Q!dl. 8. frlay a g:tilty pufon plead not guilty, or deny the f,jlJ ? An[w. Common ufC is the interpreter of words: If the common ufe of thcfc words doth tnake their publick fenfe i IJ•e, it may not be done. But if the forinllck con~mon u{i: of the deny1l , is taken to fij!,nifie no more but this, [Let him that accu[eth me, proz:e it: I am not bo1md to accufe my J<lf] or [In foro I am >tot f.Uilty till it be provc,J J <hen i1 is lawful 10 plc•d [Not-guilty J and de– ny the f/.1Cr 1 except in caft:s wherein you are bound lO an open confefflon,or in which the [c;andal will do more hurt, thln the denyal will do go"od. Q!efi. 9· Is amoncvtr hound to acmfe bimjilf, aHd fuk_Jujlice agairJibimfelf? 0frft.9• An{r:tf~- J. In many cafes a man is bound to puni!h himfclt : As when the Law againfi Swearing, Curfing or the like, d01h give the poor a certain multl: which is the penalty : He ought to give that money himfelf: And in cafes where it is a necdfary cure to himfelf: And in any cafe where the pub~ lick good rcquireth it: As if a Magifhatc offend whom none die will punilb, or who is t~e Judge in his own caufe: he iliould fo far punifh.himfelf as is necdfary to the fupprdfion of fin, and eo the preferving of the honour of the: L1ws : As 1have heard of a JuHice that (wore twenty Oaths, and paid his twenty fhillings for it. 2 . Aman may be bound in fuch a Divine Vengeance or Judgement as feeketh afrc:r his particular fin, to offc:~ himfelf to be a C.crifice to JuHice, to Hop the Judgement: As J onah, and Achan did. 3· A man mly be bound 10 co•fcfs his guilt and oficr himfelf to Juflite to tave the innocent, who is filfly accufed and condemned for his crime. 4· Buc in ordinary cafes a man is not bound to be his own publick accufer or executioner. Q!efi. IO· May a Wimefs voluntarily [peak.. that trutb wbich he ~nowtth ..,;u further an unrighteaU< ~eft. I at cauje, and he made ufe oj to oppre{s tht innoctnt l Anjw. He may never do it as aconfc:derare in that intrntion: Nor may he do it when he knoweth that it,.will tend w fuch an event (tbough thteitncd or commanded,) except when forne weightier ac~ cident doth preponderate for the doing ic ( As the iVOiding of a gteatcr hurt eo othets, [han it will bring on the opprdfed, &c. ) • ~dl. 11· May a witnefs conceal f ome part of t!Jt truth? ~eft; I 1. An["· Not when he: fwcucth to deliver the .,bolt truth: Nor when a good caufc: is like to (uf .. fer, or a bad caufe to be furthered by the concealment: Nor when he is under any other obligation to reveal the whole. ~c:fl. 12· Muft aJudge and Jury procted {ecundum aUegata & probat.:, ;.ccording to evidence and 92!tft· 12 • proot, when they ~{.now the witneji to be falft, and the truth to be contrary to the teftimony; but are 1101 able to evince it ? An[w. Diflinguifh be<ween !he Negative and 1he Pofitivt part of !he Verditl or Scn<ence: In the Negative they mufi go according to the evidence and td\imonies, unlefs rhe Law of the Land leave' the cafe to their private knowledge. As for example, They muli not fentence a Thief or Murderer to be puniChed upon their fecret unproved knowledge : They muft not adjudge either Monc:ys or Lomds to 1hc uue Owner from another, without fufficic:nt evidence and proof: They mull:f~rbeordoing Jwftice, becaufe they arc not callc:d to it, nor enabled. But Pofitively they may da UIJ Injujlice upon any tvidence or witnefs againft their own knowledge of the truth : As theymay not upon known falfe witnefs, give away any mans Lands or Money, or cond(mn the innocent : But mull in fuch a cafe re. nounce the Oflice:Thc Judge mufi come olfthe Bench, and the Jury protefi <hat !hey will not meddle, or_give any Verditl (what ever come of it ) : Becaufe God and !he Law of Nature prohibit their in– juflice. · Object. It is the Law that doth it, and mt wt. Anfw. It is the Law and you: And the Law cannot jufiifie your agency in any unrighteous fen– t<n<e. The cafe is plain and pall difpu!e. Uuuuuuu Tit.:z.
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