A69235:74
A treatise against lying Wherein is showed what it is, the nature and causes…A treatise against lying Wherein is shevved vvhat it is, the nature and causes…
A treatise against lying Wherein is showed what it is, the nature and causes of this sin, the divers kinds of it; and that all of them are sinful, and unlawful, with the motives and means to preserve us from it, or to cure us of it. By John Downame, B. of D. and preacher of Gods Word.A treatise against lying Wherein is shevved vvhat it is, the nature and causes of this sinne, the divers kindes of it; and that all of them are sinfull, and unlawfull, with the motives and meanes to preserve us from it, or to cure us of it. By John Dovvname, B. of D. and preacher of Gods Word.
London: printed by Felix Kyngston for Nicolas Bourne, 1636
Title page typeset from the transcription.
A TREATISE AGAINST THE SIN OF LYING. › Chapter 5A TREATISE AGAINST THE SINNE OF LYING. › Chapter 5
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
But if (as it is in our judiciary proceeding) the question be asked, whether the offender at the Bar be guilty or not guilty, he is not so strictly ⟨p. 53⟩bound as in the former case to confess the Truth, nor sinneth so much if he doth conceal it. For in this case the Judge greatly regardeth not the testimony of the person arraigned, when he pleadeth not guilty, thereby to be directed in passing his sentence, but only in a Legal proceeding he demandeth this question; that in a formal and orderly manner he may put himself upon another trial, namely of the Jewry, who are in no sort directed by the offenders testimony, but by the testimony of competent witnesses and evidence of reason. Neither doth our law in these criminal causes of life and death, bind an offender to accuse himself, nor inflicteth any punishment, if he refuseth to do it. Yea rather if pleading not guilty he put himself upon trial of his Country, he hath a fair and sometime favourable proceeding and issue, being often acquitted, when being guilty he hath deserved punishment; whereas if he concealeth the truth by silence, and refusing to put his cause upon trial, doth condemn himself as guilty, because he will not use the Legal form in pleading not guilty, he hath no favour of law, but is adjudged to greater and more torturing punishment, than if he were found guilty by the Jewry, or his own voluntary confession. Again, there is great difference between the offences which are confessed or concealed; for if in themselves they are heinous and capital, both by the moral Law of God, the law of Nature and Nations; as Treasons, Parricides, Murders and the like; for which every natural Conscience will condemn the offenders as worthy of death; then do they ⟨p. 54⟩much more heinously sin, if being examined by a lawful Magistrate they conceal the Truth, and excuse themselves by telling lies. Yea in such cases it is probably thought that if there were no other to bring these heinous crimes to light, they are bound in conscience, that Justice may be executed, to discover and accuse themselves. But if the offences be such as are not capital by the moral Law, and the Law of Nations;
But if (as it is in our judiciary proceeding) the question bee asked, whether the offender at the Barre be guilty or not guilty, hee is not so strictly ⟨p. 53⟩