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…

but are only made so by the Positive laws of particular Commonwealths, which admit rather of a particular mischief, than a general inconvenience, and respect in their punishments the universal good of the Common-wealth, more than the demerit of the offender; punishing with more severity less faults, which being through the disposition of the people inclining thereunto, more commonly committed to the hurt and damage of the whole State, than greater offences which being rarely committed bring no such prejudice; then is it much more tolerable and less sinful, when the offenders by pleading not guilty do put themselves in a Legal form upon trial of the Jury, in hope to be acquitted by their verdict, when the law affords them no favour upon their confession. As for example, in the case of stealth and small thefts which the Law of God punisheth not with death, but restitution; yet is so punished by positive laws with all severity, because it is generally necessary that it should so be for the preservation of the Common-wealth, although in some particular cases, there may be a lawful and conscionable mitigation of punishment, which in Legal proceedings that respect the ⟨p. 55⟩common good more than the preservation or immunity of some private persons, cannot be so lawfully used by inferior Magistrates, who are bound to judge according to law, if the offender confess his fault and plead guilty: In such a case I say, it is more excusable if the truth be concealed by such a denial, as is to be understood only as a form in pleading, whereby he putteth himself upon a Legal trial, that he may have the favour of the law, for the remitting of his small offence, and not as a real, cordial, and resolute denial of the truth: For when they plead not guilty, it is not much unlike in sense, though different in words; as if they should say, I will not discover my faults by acknowledging my self guilty and accuse my self, seeing the law doth not require it, but I will for my purgation put my self upon trial, and stand (upon the examining of witnesses) to the verdict of the jury, to be acquitted or condemned according to their evidence directing their Conscience.

but are onely made so by the Positive lawes of particular Commonwealths, which admit rather of a particular mischiefe, than a generall inconvenience, and respect in their punishments the universall good of the Common-wealth, more than the demerit of the offender; punishing with more severity lesse faults, which being through the disposition of the people inclining thereunto, more commonly committed to the hurt and damage of the whole State, than greater offences which being rarely committed bring no such prejudice; then is it much more tolerable and lesse sinnefull, when the offenders by pleading not guilty doe put themselves in a Legall forme upon tryall of the Jury, in hope to be acquitted by their verdict, when the law affords them no favour upon their confession. As for example, in the case of stealth and small thefts which the Law of God punisheth not with death, but restitution; yet is so punished by positive lawes with all severity, because it is generally necessary that it should so be for the preservation of the Common-wealth, although in some particular cases, there may bee a lawfull and conscionable mitigation of punishment, which in Legall proceedings that respect the