_Quest._ VIII. May a guilty person plead not guilty, or deny the fact?
_Answ._ Common use is the interpreter of words. If the common use of those words doth make their public sense a lie, it may not be done. But if the forensic common use of their denial is taken to signify no more but this, Let him that accuseth me, prove it; I am not bound to accuse myself, or, _In foro_ I am not guilty till it be proved; then it is lawful to plead Not guilty, and deny the fact, except in cases wherein you are bound to an open confession, or in which the scandal will do more hurt than the denial will do good.
_Quest._ IX. Is a man ever bound to accuse himself, and seek justice against himself?
_Answ._ 1. In many cases a man is bound to punish himself; as when the law against swearing, cursing, or the like, must give the poor a certain mulct which is the penalty, he ought to give that money himself; and in cases where it is a necessary cure to himself, and in any case where the public good requireth it: as if a magistrate offend, whom none else will punish, or who is the judge in his own cause; he should so far punish himself as is necessary to the suppression of sin, and to the preserving of the honour of the laws; as I have heard of a justice that swore twenty oaths, and paid his twenty shillings for it. 2. A man may be bound in such a divine vengeance or judgment as seeketh after his particular sin, to offer himself to do a sacrifice to justice, to stop the judgment; as Jonah and Achan did. 3. A man may be bound to confess his guilt and offer himself to justice to save the innocent, who is falsely accused and condemned for his crime. 4. But in ordinary cases a man is not bound to be his own public accuser or executioner.
_Quest._ X. May a witness voluntarily speak that truth which he knoweth will further an unrighteous cause, and be made use of to oppress the innocent?
_Answ._ He may not do it as a confederate in that intention: nor may he do it when he knoweth that it will tend to such an event, (though threatened or commanded,) except when some weightier accident doth preponderate for the doing it, (as the avoiding of a greater hurt to others, than it will bring on the oppressed, &c.)
_Quest._ XI. May a witness conceal some part of the truth?
_Answ._ Not when he sweareth to deliver the whole truth; nor when a good cause is like to suffer, or a bad cause be furthered by the concealment; nor when he is under any other obligation to reveal the whole.
_Quest._ XII. Must a judge and jury proceed _secundum allegata et probata_, according to evidence and proof, when they know the witness to be false, and the truth to be contrary to the testimony; but are not able to evince it?
_Answ._ Distinguish between the negative and the positive part of the verdict or sentence: in the negative they must go according to the evidence and testimonies, unless the law of the land leave the case to their private knowledge. As for example, they must not sentence a thief or murderer to be punished upon their secret unproved knowledge: they must not adjudge either monies or lands to the true owner from another, without sufficient evidence and proof: they must forbear doing justice, because they are not called to it, nor enabled. But positively they may do no injustice upon any evidence or witness against their own knowledge of the truth: as they may not upon known false witness, give away a man's lands or money, or condemn the innocent; but must in such a case renounce the office; the judge must come off the bench, and the jury protest that they will not meddle, or give any verdict (whatever come of it); because God and the law of nature prohibit their injustice.
_Object._ It is the law that doth it, and not we.
_Answ._ It is the law and you; and the law cannot justify your agency in any unrighteous sentence. The case is plain and past dispute.
_Tit. 2. Directions against Contentious Suits, False-witnessing, and Oppressive Judgment._
_Direct._ I. The first cure for all these sins, is to know the intrinsic evil of them. Good thoughts of sin are its life and strength. When it is well known, it will be hated; and when it is hated, it is so far cured.
I. The evil of contentious and unjust law-suits.