A Complete Body of Divinity, Sermons · 206 (Question 77 cont.)
SERMON CCVI.
II. IN reſpect of thoſe that Receive a Teſtimony. Here alſo great heed is to be taken, if we would not incur the Guilt of breaking this Command. There is a great deal of Sin and Miſchief may ariſe from our Believing of a Ly, eſpecially when the Belief is Practical, and not meetly Hiſtorical. There are ſome Reports in which we are no further concerned, than to be acquainted with them, whether they are ſo or no; as, Whether this was a Cuſtom in Rome, whether there are Lions in Africa; and whether ſo or no, it is of no great Concern to us; and it is enough here, that we do not believe Incredible and Contradictory things, leſt we make our ſelves ridiculous. But there are other things, in which Men's Eſtates, Credit, and ſometimes their Lives are concerned; and in th…ſe, there ought to be a critical Care about our Receiving a Teſtimony about them; becauſe otherwiſe a wrong Judgment may paſs, by which Innocent Perſons may be Sufferers, and thereby be greatly Injured; and we our ſelves impoſed on, to our no little Damages, by Prejudice on the one hand or other. And this may be conſidered either with reſpect to Private Reports, or ſuch things as come under the Cognizance of Publick Judicatories.
(1.) WITH regard to Private Reports, or Stories that paſs between Man and Man with regard to their Neighbours, which are of a Moral Conſideration. And here in General, we are to maintain o Value for our Neighbour's Credit and Safety: And for that reaſon, as not to undermine it by out own injurious Delations, ſo to preſerve it, as far as we may, from thoſe of others: And here more eſpecially there are theſe Four things concerned in this Duty:
1. WE ought to be very ſlow in our giving Credit to ſuch Reports. We ſhould not be of an eaſy Belief, to take up whatſoever is brought to us againſt our Neighbour, but be very backward of Believing it, till ſuch time as we have good grounds of the Moral certainty of it: This therefore is one of the Notes of a good Man, Pſal. 15.3. Nor taketh up a reproach againſt his neighbour. If the matter be of moment, we ought to ſearch into it, that we may come at the bottom of the Truth; if otherwiſe, we ought to ſlight and diſregard it. To believe every thing againſt our Neighbour, becauſe it is Reported, is contrary to Believing with Diſcretion, which is a Property of every diſcreet Man: And it is a Sign that a Perſon is naught himſelf, when he Believes any thing that is ſaid againſt another, and is defective in that Charity which he oughts to maintain.
2. WE ought to be very Backward in Re…ting ſu…b…hings again. We may ſomet…m…s heat things, which may bring out Belief into a Suſpenſe, and put us upon Caution, which yet will not be ſufficient to determine our firm Credit of them; or if it do, we may be under Duty to ſuppreſs it, and not for every ſuch thing to ſtage our Neighbour, and make him a Town-Talk: We may have ground enough to debate the Matter with him alone, and yet a C…l. to ſuppreſs it; much leſs then, may we, either in Prudence or Honeſty, to turn Speaking-Trumpets, to Publiſh the Calumnies of others, and be glad when we can heat any thing of another to Reproach him for, whether right or wrong, as the Prophet complains of his Neighbours, Jer. 20.10. For I… card the deſaming of many, fear on every ſide: Report, ſay they, and we will report it: all my familiars watched for my halting, ſaying, Peradventure he will be enticed, and we ſhall prevail againſt him, and we ſhall take our revenge on him.
3. IF we think our ſelves concerned to make ſuch Reports, we muſt be ready to produce our Authors. Sometimes both our Charity to others, and our own Safety obligeth us to diſ…over what hath been brought to us; if we tell it him alone, it may be only a Caution to him, but if we tell it to others, and it is to his Damage, we ought to tell whence we had it; and it is not enough to ſay, I promis'd not to produce my Author, for that is Caution enough to any Man not to Publiſh the thing, for in Juſtice and Equity he will be made the Author; and it prevents the accuſed Party of one Advantage to vindicate his own Innocency. When therefore Paul tells his Corinthians of a Report, he acquaints them from whom he had it, 1 Cor. 1.11.
4. WE ought to Diſcountenance the Broachers of ſuch Reports. We ſhould be ſo far from Encouraging them, that we ſhould diſcover our Anger at them, and let them know, that we have a vile Eſteem of them. We ſhould not be of itching Ears, hearkning to every thing that is ſaid or done, but ſhun the very Company of ſuch as go about as Tale-Bearers; and be ſo far from thinking they do us a Kindneſs, as to look upon them as the common Peſt of Mankind, and therefore to turn away from them, Prov. 20.19. He that go…th about as a tale-bearer, revealeth ſecrets: therefore middle not with him that ſta…tereth with his lips. And, 25.23. The north-wind driveth away rain: ſo doth an angry countenance a backbiting tongue. He that hearkens to Tale bearers, will never maintain that Charitable Perſwaſion concerning his Neighbour, which the Rule requires.
(2.) WITH regard to ſuch things as come under the Cognizance of Publick Judicatories. My meaning is, Such as are Examined, Tried and Cenſured by lawful Authority, and that whether Civil or Eccleſiaſsical; which are wont to be tranſacted openly, in which Men are to ſtand or fall, according to the determination which is there made. Here ſtill there is a proportionable Care in the Credi… given to Accuſations and Leſt…nies entre… againſt a Perſon. And here in General obſerve, That beſides a Morel certainty, which every Man ought to be perſwaded of in hi… Rational judging of a thing, there ought to be a Legal certainty of the thing, in orde… to the finding of a Perſon Guilty, and paſſing a Sentence upon him. I ſhall not here pretend to ſearch into all the Niceties o… Ciri… Judicatures, but only lay down ſome Rule in this Caſe wherein the Conſciences o. Me… are concerned,
[1.] THAT a free, plump and ingenious. Confeſſion of the matter of Fact, is ſufficient for Conviction. It is to be preſumed, that th… Man can ordinarily better tell the thing a… it is, than any others can; only this is a… to the thing it ſelf: The Judgment of the Relation which it bears to the Law belong to another Conſideration: But the Fact it ſelf is the firſt thing to he cleared, and lay… the Foundation for the following Proceſs.
THE Light of Reaſon tells us, That …f th… Man Accuſe himſelf premeditate…y, and before a Tribunal, it is ſuperfluous and unneceſſary to ſearch after further Proof: Hence that, i… it had been rightly grounded, was a good Reaſon, Luk. 22.71. And they ſaid, What ne… we any further witneſs? for we our ſelve… have beard of his own mouth. And ſo we have David declaring, 2 Sam. 1.16. Thy blood b… upon thy head: for thy mouth …a…h teſtified a… gainſt thee, ſaying, I have ſtain the Lord's anci… ted. Only Caution is here to be uſed, elſe great Wrong and Injury may be done; … therefore ſay, that it muſt be Free, Plump and Ingenious: And here two things are neceſſary to be conſidered,
1. THAT the Confeſſion be Free & Voluntary, and not Forced. It is doubtleſs Lawful for a Judge to examine the Perſon accuſed upon Interrogatories, for the finding out o… the Truth; but he ought ſo to do it, that th… Perſon be not Frighted into a Confeſſion, o… that which poſſibly he may not be Guilty of but carry it Candidly, and manifeſting a great willingneſs that he ſhould defend hi… own Innocency, as become his own Accuſer; ſo the Party is not Guilty in Law, till he be Legally Convicted; ſo that the Examining him by Threatnings and Frights to make him confeſs, is an invaliditating of the Credit of h… Confeſſion. Tho' God had diſcovered Acha… yet how tenderly doth J…ſ…a put him on Confeſſion, Joſh. 7.19. And J…ſ…a ſaid unto Acha… My ſon, give, I pray thee, glory to the Lo… God of Iſrael, and make confeſſion unto him and tell me now what thou haſt done, hide it n… from me. Much Leſs then, ought any to … put to Tortures, to Extort a Confeſſion …ro… them; or any Force to be uſed, to make the… to diſcover the Truth of any thing, where… they are accuſed; which doth certainly tak… away from the Validity of the Confeſſion.
2. THAT the Perſon be in …is Right Min when he confeſſeth. And here there are t… things which when they are, ought to invalidate a Confeſſion: viz. Diſtraction, and raging Melanch…lly, or Diſcontent. The Teſtimony of a perſon Beſides himſelf, may not be taken againſt another, and then ſurely not againſt himſelf, for he is not able to judge between Truth and Falſehood. And as to Perſons under the power of Melancholly and Diſcontent, Experi…ce hath proved, that ſuch are often prevailed …, by their diſquiet Minds to accuſe themſelves of things, which either their deluded Imaginations have perſwaded them of, or which Deſpa…ion hath …ut them upon, hoping thereby to …id themſelves of life.
[2.] THAT if the proof entirely depend on Humane Teſtimony, there muſt he at leaſt Two ſufficient is Witneſſes to one Individual Fact. Here two things are ſuppoſed;
1. THAT the perſon upon Trial doth not … a free Confeſſion before the Judges. If he have made it Privately, and will not ſtand to it … his Trial, proof muſt be openly produced that he did ſo, and then no more than a due weight is to be put upon it; which, what that is, I determine not; only if upon Trial he deny it, I think it will not amount to a full Conviction; whereas, if he ſtand to it, it is to b… ſuppoſed that he hath done it deliberately, except there …e maſons to judge that he is not Compos Mentis.
2. THAT the proof entirely depend upon Humane Teſtimony. This I inſert, becauſe it is generally Evidences to prove the matter: Tho' I think that it is a Vulgar Error, unleſs it intend that there may be ſuch things alledged againſt the perſon, as do not directly prove the thing, for which he is indicted, but only by rational Conſequence, which amounts to a Demonſtration, of which we may conſider afterwards. But theſe are the things from which this Demonſtration muſt have its foundation of Teſtimony. For if the thing it ſelf be not proved, the Demonſtration cannot be applied to the Perſon, to render him Guilty; for ſtill the matter remains Hypotheticall. Now all Teſtimony of Credit, is either Divine or Humane: As to Diabolical Teſtimony, there is no ſuch Credit to be allowed it, as to determine a Judgment upon one accuſed; and I believe, that the over Credit given to it, eſpecially in matters of Witchcraft, hath taken away the Lives of the Innocent, and leſt a Publick Guilt & Blot behind it, which not Time, but only Repentance will wipe off. Now as to Divine Teſtimony, it is extraordinary; and uſually, when God ſo bears Witneſs againſt Perſons, He Teſtifies in His Providence, and that by ſtrange Puniſhments which He inflicts on Men; or if He ſo diſcovers Men, to be brought to Puniſhment by Men, the Proof is to be made according to Civil Judicature, as was done in the caſe of Achan, Joſh. 7. Humane Teſtimonies then only remains as to the matters of Fact, by Bearing Witneſs to the thing ſpoken, or done, but are not Judges of the Merit of the Cauſe, that being the Province of ſuch as are lawfully empowered. Now in this regard, there are two things aſ…erted in our Poſition.
1. THAT there muſt be at leaſt, Two ſ…ffie… ent Witneſſes. As to the ſufficiency of them. it will be conſidered under the next; but for the Number of them. Fewer than Two in the caſe ſuppoſed will not do; and the Reſtrictions which ſome put to it, are Miſtakes: ſome reſtrain it to matters Capital, but will not have it binding in leſſer Crimes; others will allow it only in Matters between Man & Man, and tell us, One Witneſs is enough for the Thing, but theſe are repugnant one to the other. Some, and the moſt will have it to do, when there are no other Circumſtances, and then think One ſufficient to determine a Cauſe. But we obſerved the Miſtake of theſe latter, in that they confound the Evidence with the Judgment. Witneſſes are not Judges of the Law, but Evidences of Matter of Pact, and every ſuch Matter is to be proved, in order to a Judgment on the Perſon. Now the word of God required that there ſhall be Two at leaſt, in this reſpect, Numb. 35.30 Whoſo killeth any ſerſon, the murderer ſhall be put to death by the mouth of witneſſes: but one witneſs ſhall not reſtiſie againſt any perſon, to cauſe him to die. Deut. 19.15. One witneſs ſhall not riſe up againſt … m…n for any iniquity, or for any ſin, in any ſin that be ſin…eth: at the wouth of two witneſſes, or at the month of three witneſſes ſhall the matter be eſtabliſhed. And hence our Saviours remark, Joh. 8.17. It is alſo written in your law, that the teſtimony of two men is true. And it is confirmed under the Goſpel, 2 Cor. 13.1. In the mouth of two or three witneſſes ſhall every word be eſtabliſhed. So that it is Moral, and denies the ſufficiency of One, and becauſe it is Moral, therefore the former Limitation, in reſpect of Perſon, or Caſes, is trivial: for this Precept hath no regard to Perſons, or Caſes, but to determine what is a Legal Truth. There may be a difference of Penalties, but the Truth of the Evidence is the ſame, and can have but one Rule in all caſes, leſſer, or greater, and this ſeems to be built on common Reaſon; for doubtleſs one Man's denial is as good as anothers affirmation; and Charity binds on to maintain every Mans Credit, till there be ſomething more forcible to overthrow it; which cannot be, unleſs it be over-weighed by Two at the leaſt, to ſuch Matter of Fuct; from whence it may be judged, whether the perſon be Guilty or not Guilty, whether directly, or by neceſſary Conſequence: beſides that the Veracity of the Teſtimony will better the diſcovered, when there are Two, as will be conſidered in the next.
2. THAT it muſt be to One Individual Fact. Here I know that diverſe weighty Divines diſſent, and think, that if it be to Facts of the ſame Nature, tho' at diverſe Times, it may ſuffice, in that it ſerves to prove an habitual Cuſtom; and they exemplify it, ſuppoſing that one reports that he ſaw Lions in Africa at one Time, and another that he had ſeen ſome, tho' at another Time, and not the ſame Lions, it is ſufficient proof of the thing. But I think with ſubmi…tion, that the Inſtance is neither True …or Probable, to the caſe under Conſideration. That it is not True, i. e. doth not infallibly Prove the thing, tho' it makes it very Probable. and tho' I may Believe it with a common Faith, yet it doth not give me a full Certainty; and ſuch Reports ſometimes proves Falſe: And let us allow what Evidence we will to it, yet the thing is different; for in the former, the greateſt danger is in being Deceived, whereas in this, the Name, Eſtate, or Life of the Perſon is concerned, which is of greateſt Moment. Only here obſerve, that it is not neceſſary, that it be at the ſame Inſtant; the ſame Fact may take Time for the perpetration of it; and Two Perſons may ſucceſſively look thro' a Hole, and ſee the ſame Perſon doing the ſame Act of Murder, Adultery, Theft, which cannot in the leaſt invalidate the Teſtimony.
[3.] THERE ought to be a due regard had to the Quality of the Witneſſes. We obſerved before, that they muſt be ſufficient Witneſſes; and if great Care be not uſed by ſuch as are to judge and determine Caſes, in this regard, great Wrong may be done. And here we are to obſerve, that the Force of a Teſtimony to gain Credit, depends upon the Qualification of the Perſon that gives it; for we obſerved, that the Witneſs pawns his Credit for the Truth of what he aſſerts: If therefore He deſerves none, neither can his Teſtimony, and ſo it ought not in Conſcience to eſtabliſh any thing for a Truth.
NOW there are Three Qualifications required by right Reaſon in a Teſtimony, to render it Valid among Men, and the want of any one of them renders it inſufficient.
1. PRUDENCE or Diſcretion. A Man muſt know he bears Witneſs to, and have ſo much Diſcretion as to be able to put things together, and rightly diſcern the mind and meaning of what it is which he Teſtifys. For want of this diſtinctneſs, he will confound things, and labour of unavoidable Miſtakes: Hence Fools or Naturals are not admitted for Witneſſes; or Men that are Diſtracted: Children alſo, who are not arrived at Years of Diſcretion, are not admitted to be Witneſſes againſt others, nor can their Evidence Confirm a Matter.
2. VERTUE or Conſcience. He ought to be a Perſon of approved Morality; and here peculiarly, that he be a Perſon of approved Truth and Fidelity; for Truth is an eſſential Qualification in a Witneſs: Hence we have thoſe Epithets, Rev. 3.14. The faithful and truc Witneſs. And for this Reaſon Debouched Perſons are not eafily to be Credited, peculiarly ſuch as drive a Trade of Lying, and cannot be Believed among their Neighbours in any thing they ſay: For a common Lyar to be admitted as a Witneſs, to turn a Caſe in which a Man's Concerns are intereſted, is contrary to the common Reaſon of Mankind.
3. BENEVOLENCE, or a Free and Candid Spirit, and every way diſengaged by Prejudice. And there are divers things which may be reckoned as ſuch Prejudices and weaken ſuch an Evidence; as the near Bonds of Relation; or a being concerned in the ſame Cauſe, or any known Malice entertained againſt the Perſon, or Threatnings uttered againſt him, or receiving a bribe to Teſt…y in ſuch a Caſe: Any of theſe will ſay, that his Word is to be little Valued—. Theſe things therefore ought to be enquired into, in order to the receiving ſuch as offer Witneſs is any Caſe.
[4.] THE Matter teſtified, ought to be r…inced carefully to the true Mind and M…ing of the Law. In Judicatures, Witneſs is taken, for the end that Juſtice may be Adminiſtred, and no Man may ſuffer Injury. Now for this end, there are two things to be done:
1. THE Truth of the Witneſs is to be ſearched. There are ſome Men, who tho' not Wicked, may be Weak, and Miſtake in what they do affirm; and others are Falſe, and ready to be Knights of the Poſt: If therefore there be any juſt grounds of ſuſpicion, utmoſt Means are to be uſed to find out the Error or Falſehood; by diſtinct Interrogatories propounded to them, and ſometimes examining the Witneſſes apart, to ſee how they agree; and this ſeems to have been done by Chriſt's Enemies Mark 14.56. Many bear falſe witneſs againſt him, but their witneſs agreed not together.
2. DUE Enquiry is to be made, How f…r it Agrees with the Caſe that is brought in to clear. It is one thing, to be ſatisfied that what is Teſtified is True; and another, to find out whether it be to the Pur…ſ… …or which it is pretended. If the matter of Fact be in it ſelf a direct Tranſgreſſion of the Letter of the Law, it is a Legal Conviction; and determines the Caſe; but if it be only a ſecondary or preſumptive Proof of the thing, it requires a greater Care: The Man may poſ…ly have done the thing, and yet no way Broken the Law, or not to ſuch an height: Theſe Two ought therefore to be brought together, and well compared; and meer Pr…ſu…p…ions or Probabilities are not enough; but there muſt be that which needfully infers the Concluſion, elſe the Man is judged without due Proof, contrary to the Divine Precepts. The Man is Innocent till proved Guilty; and we are told, Prov. 17.15. He that juſti…th the wicked, and be that condemneth the juſt, even they both are abomination to the Lord
[5.] EVERY one that is concerned in the Proceſs of Judgment, ought to maintain and exerciſe a due reſpect to the Truth. God expects Righteous Judgment, which cannot be, unleſs it be Built on the Baſis of Truth. Now there are ſeveral ſorts of Men which are concerned in this, and each, in his Capacity, is bound to promote it, viz Judges, Jurors, Advancers: And there are the ſeveral Duties which this Command requires of them, if they will approve themſelves Men of Veracity And we may take a brief View of each of theſe in a Theological reſpect;
(1.) IN reſpect of Judges: Here let me premiſe concerning this and thoſe that …. that I only deſign to mention ſuch Duties as refer to this Command, viz. The maintenance of Truth, and the Good Name of thoſe they are concern'd withal. This therefore is one of the neceſſary Characteriſtical Notes of a G…d Judge preſcribed by Jethro to Moſes, …d. 18.21. Thou ſhalt provide but of all the people, able men, ſuch as fear God, men of Truth. —And without this Truth, they can never execute Righteouſneſs in Judgment, which is the great End of their Office; and if they fail in This, they are rather Plagues than Benefits to a People: Hence that complaint, Pſal. 82.5. All the foundations of the earth are out of courſe. Now there are two things which Judges are concerned in, as ſuch, in both whereof they ought to maintain the Truth to their utmoſt.
1. IN the Trial of Perſons. It belongs to theſe to ſit in Chief in this, and there is requiſite to be a fair Trial made, in order to a Righteous Sentence; and the proper deſign of this is to find o…t the Truth of the Cauſe, thereby to prevent an Error in Judgment.
AND here, theſe things are mainly conſiderable,
1. THEY ought to bring a mind no way prepoſſeſſed with Injudice. They ſhould not Prejudge the Cauſe before they Hear it; not reſolve before-hand, which way they will Determine it; and hence Private and Prepa…ory Examinations of Perſons, is more proper for oth…rs in Authority, than for thoſe who are to ſit in Judgment upon them; leſt they ſhould thus be Pre-poſſeſſed in their Reſolves. It is alſo very improper for them to …ear either Party before hand in Private, who will endeavour to make their Caſe fair, and too eaſily pre-occupy their Judgments and become a Bias to them: Much leſs ought they to receive Bribes or Gifts before-hand, which have a dangerous tendency to engage the Affections and preponderate the Judgment. This therefore is forbidden, Deut. 16.19. Thou ſhalt not wreſt judgment, thou ſo… not reſpect perſons, neither take a gift: for a gift doth blind the eyes of the wiſe, and p…rvert the words of the righteous. And it is given as a Note of one who ſhall be ſecure in the Day of God's Controverſy, with a People, Iſa. 33.15. He that wa…keth righteouſly, and ſpeaketh uprightly, he that deſpiſ…th the gain of appreſſions, that ſhaketh his hands from …olding … bribes.
2. THEY ought to put off all Reſpect of Perſons. This alſo is one thing mentioned in the more-cited, Deut. 16.19. The Ancients were wont to Paint Juſtice, as a ſpotleſs Virgin, lopping her Ears, and ſhutting her Eyes, in…mating, that as ſuch ſhould not receive any Private Information, ſo they ſhould not look upon the Quality or Condition of the Perſon, but reſerve an entire reſpect to the Cauſe. Reſ…ct of Perſons is frequently mentioned in the Scriptures, and it hath no Conſideration in Gratu…tis, but only in the Adminiſtration of Juſtice; and it is then a Sin, when any Quality or outward Conſideration, puts weight into the Scale to turn it; when a Rich Man ſhall be Preferred for his Wealth, and a Poor Man deſpiſed for his Poverty: A Man in Power and Place ſhall be Feared, and the Mouth of the Judge ſtopt becauſe he is ſo; and a mean Man Oppreſſed, becauſe he hath one in Power for his Adverſary; when Friends are preferred for Friend hip, or the like. If Judges imitate God, who is the ſupream Judge, they ſhould remember, Rom. 2.11. There is no reſpect of perſons with God, elſe they cannot Judge in Truth.
3. THEY ſho…d examine the Caſ… that come to their Enquiry to the Bottom: Not take up with an eaſy Scrutiny, or be impoſed on by a fair Delation, but make a diligent Search … for a foul Cauſe, may have a fair Varniſh put upon it, and therefore muſt be ſought into. This was one of Job's Vindications Joh 29.16. The cauſe which I know a…t, I ſearched our. And we find how great weight God puts upon this, as neceſſary to be attended, to prevent a precipitate Sentence paſſing upon any Perſon, Deut. 13.14. Than ſhall then enquire and make ſearch, and ask diligently: and behold if it be truth, and the thing certain. Truth indeed may poſſibly be miſled after the moſt careful Scrutiny, but then th… blame will not be on the Judges, and ſo leave a publick Guilt, but upon the witneſſes, whom God will call to an Account. A juſt Judge will he Deliberate in his proceeding to Judgment, tho' …e will be Reſolute in the Execution of it; and the Reaſon is, becauſe the Truth is not always eaſily diſcovered; but when found out, it is then directive.
4. THEY ought to ſuſpend their Judgment. till both Parties have had ſufficicent Liberty given them to lay open their Cauſe. It is the Wiſe Man's Obſervation, Prov. 1….17. He that is firſt an his own cauſe, ſeemeth juſt, but his neighbour cometh and ſe…re…eth him. And it was the Word of a Heathen Judge, Aud… al…eram p…rt…; and our Proverb is, One Man's Caſe is Good till another's be heard. There ought therefore to be Freedom given in this regard, elſe the Judgment will be precipitant, and in all likelihood Falſe. And this ought to be not only in Caſes commenced between Man and Man, but alſo in ſuch matters as are Criminal or Capital. He that is Accuſed muſt have as full Freedom as he that Impleads him; and the Judge ought not to Fright or Terrify him, but be ready to receive his Defence, and allow it it's due weight. This the Light of Nature teacheth Men, and was well exemplified in that Heathen Judge in Paul's Caſe; Acts 24.10. The govern ur beckned unto him to ſpeak. 26.1. Then Agr… … ſard unto Rou…, Thou art permitted to ſpeak for thy ſelf. 25.16. I anſwered, It is not the manner of the Romans to deliver any man to die, before that be which is accuſed, have the accuſers face to face, and have licence to anſwer for himſelf concerning the crime laid againſt him. And Soul …herein ſhewed his Injuſtice and Falſtood, when he would not ſuffer ſA…imilech to vindicate himſelf from Do…g's Accuſation, but paſt a Sentence of Death upon him unheard, 1 Sam. 22.16. And the …ung ſaid: Thou ſhalt die Ah melech, thou, and all thy father's houſe.
5. THEY ought to ad…it of no unneceſſary Delays in bringing the Caſe upon it's Trial. It is tr…e, there ſhould be d…e Allowance on both ſides to prepare for a Pro…eſs, and Precipitancy or this account is Injurious; but to allow frivolous Non-fairs, to increaſe Men's Charges; o… to lay Men up, and keep them in Priſon beyond the proper Seaſon of the Trial, is an Argument of Falſhood, and not a little ſerver to Vindicate the Innocence of the Accuſed, and puts him upon unneceſſary Charge, which if he ſhould be found Innocent a …erwards, is an irreparable wrong; for the Publick will never repair either his Name or Damage ſuffered on this Account. And this alſo is provided againſt by the juſt Laws of Civiliz'd Governments; and the Light of Nature directed even an Heathen Judge in this matter, Acts 25.17. Therefore when they were come hither, without any delay on the morrow I ſat on the judgment ſeat, and I commanded the man to be brought forth. And it would be a ſhame to Chriſtians to do otherwiſe.
[JANUARY 8. 1705.]