danger of our goods liberties and life it selfe As for example when in the times of persecution wee are examined by wicked tyrants whom we know to be of our religion or who were present with us and accompanied us in such a place and at such a time in Gods divine Service Prayer and hearing of the Word we should in such a case indure any losses and tortures rather than betray them into their hands that seeke their lives But though wee may not discover the secrets and counsells of the innocent when it tendeth to their hurt and ruine yet wee may and ought to confesse when wee are examined to reveale the faults and crimes of those that are guilty and have offended against the Lawes of God or the Land yea though wee have beene copartners with them in their wickednesse and by solemne promise or oath have mutually bound our selves to secrecy because such oathes and promises are unlawfull as tending to Gods dishonour the hindring of Justice the nourishing of Vice and the great prejudice of Church and Common-wealth But here another question commeth to bee resolved §. 6. Whether malefactours are bound in conscience to confesse the truth thogh it bee with the hezard of their lives whether a man that is guilty of a fault or crime that concerneth his life being examined in a Legall manner before a lawfull Magistrate bee bound in conscience to confesse the Truth and so by accusing himselfe to indanger his life To this I answere that every one who is guilty is bound to testifie the Truth if he be required by the lawfull Magistrate though it bee with the hazard of his life and sinneth if he hide his fault with a lye and better it is to expose the body to the danger of death by confessing the Truth than by lying and sinning to offend God and cast both soule and body into Hell But yet men thus guilty are more or lesse bound to confesse the truth and accuse themselves and doe sinne more or lesse haynously by concealing it in divers cases and considerations For if the Judge having no evidence of Truth nor competent witnesses to cleare the cause and direct him in giving a right sentence doth seriously examine the offendor charging him upon his Conscience to testifie the Truth that God may be glorified when he his Deputy doth Justice and if thus strictly examining him hee doth in some degree rest upon his testimony for his direction and judgement in such a case the guilty person sinneth greatly if he conceale the truth or hide his offence with a lye for Judgement being the Lords hee dishonoureth him that hindreth the execution of justice with a lye And therefore Iosuah thus strictly examining Josh 7. 19. Achan in a waighty cause willeth him to give Glory unto God by confessing the Truth implying hereby that hee should much dishonour him if hee did otherwise Besides by concealing the truth and telling a lye in such a case he blindeth §. 7. Whether offenders at the barre are bound to plead guilty of those crimes which are justly laid to their charge in our judiciary proceeding and misleadeth the Judge and causeth him to pervert justice and to pronounce an unrighteous sentence 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 bound as in the former case to confesse the Truth nor sinneth so much if hee doth conceale it For in this case the Judge greatly regardeth not the testimony of the person arraigned when he pleadeth not guilty thereby to bee directed in passing his sentence but onely in a Legall proceeding he demandeth this question that in a formall and orderly manner he may put himselfe upon another tryall 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 criminall causes of life and death binde an offender to accuse himselfe nor inflicteth any punishment if hee refuseth to doe it Yea rather if pleading not guilty he put himselfe upon tryall of his Countrey he hath a faire 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 tryall doth condemne himselfe as guilty because hee will not use the Legall forme 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 owne voluntary confession Againe there is great difference betweene the offences which are confessed or concealed for if in themselves they are haynous and capitall both by the morall Law of God the law of Nature and Nations as Treasons Parricides Murthers and the like for which every naturall Conscience will condemne the offenders as worthy of death then doe they much more haynously sinne if being examined by a lawfull Magistrate they conceale the Truth and excuse themselves by telling lyes Yea in such cases it is probably thought that if there were no other to bring these haynous 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 capitall by the morall Law and the Law of Nations but are onely made so by the Positive lawes of particular Common-wealths 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 common good more than the preservation or immunity of some private persons cannot bee so lawfully used by inferiour Magistrates who are bound to judge according to law if the offender confesse his fault and plead guilty In such a case I say it is more excusable if the truth bee concealed by such a deniall as is to be understood onely as a forme in pleading whereby he putteth himselfe
lesse than them because in some respects we commit a greater sinne than they seeing they maintaine their errours out of ignorance but we lye against knowledge and conscience as hee also speaketh And Lib. â— cap. 8. therefore if we can by no other meanes pull impious Heretikes out of their secret dennes unlesse our Orthodoxe and Catholike tongues doe stray out of the path of truth it is more tolerable that they should still lie hid than that truth should bee impeached better that these Foxes should lurke in their holes than that those who hunt them that Tolerabilius in suis foveis delitescerent vulpes quampropter illas capiendas in blasphemiae foveam caderent venaâ—ores Aug. Contra mendacium lib. 2. cap. 7. they may take them should fall into the pit of lyes and blasphemy as the same Author affirmeth To say nothing that the sinne in using this lying policy is certaine but the good issue and event aimed at uncertaine seeing that being in Gods hand hee might justly crosse and curse this unlawfull means so that they shall not conduce to their conversion but rather to their further confirming and hardning in their heresie and impiety But though it be unlawfull by lying to prevent §. 3. Whether it be lawfull to lye that wee may greater sinnes in our selves aâ— nameâ—â— rape and ravishment sinne in others yet perhaps it may be lawfull yea commendable to use it when wee may thereby prevent greater sinnes not onely in others but also in our selves As suppose that a vertuous Matrone or chaste Virgine should be assaulted by an adulterer with violence to defile or deflowre them and they might escape the rape by putting him off with a lye is it not lawfull to doe it in such a case to prevent so great a mischiefe I answere that though a stony heart could not chuse but relent and be much affected to heare of such a villany and though the tentation be so strong that it is scarsely to be expected humane strength should be able to resist it yet in clearing of the truth wee must not consider what we would but what we should doe being so assaulted and brought into such straites Indeede if it were a sinne to bee meere patients in the sinne of others the question were easily answered but it is not so for the greatest sinne in others is not the least sinne in us if wee onely bee the subjects of their sinne through unresistable violence and doe not give the least consent unto it For here it is all one as in the case of persecution oppression murther or robbery all which though they be hainous sinnes in the agents yet none at all in the patients when they have no will to consent or allow the commission of such sinnes nor power to prevent or shun them Yea in such cases that is lawfully suffered which cannot but unlawfully be avoided and no act is to bee judged sinfull if the will bee wholly averse unto it For it is the very forme that giveth unto sinne its life and being to be in some kinde or degree voluntary and though the will give not its consent in all sinnes yet it hath some kinde of operation in or about it as in sinnes of ignorance though wee doe not consent unto sinne as knowing it to bee so yet wee consent to that action which is sinfull the will being misled through the errour of our judgement And so in concupiscence which goeth before consent there is that which we call inescation or the bayting of the hooke of sinne with some pleasure profit or other allurement which is Sathans tentation and not imputed unto us as sinne if we wholly resist it and there is that which we call titillation or the retaining and revolving of the tentation with some delight and as it were the itching of the desire and the watring of the teeth after it if wee might injoy it upon no hard conditions But when they are so propounded as that wee cannot injoy the pleasure or profit of sin unlesse we displease God and indanger our owne soules then the will rejects the tentation and will by no meanes give its consent Notwithstanding that retaining of the tentation with some tickling delight is a sinne of concupiscence and this very parlying with the Divell is a transgression of Gods Law though wee doe not yeeld up unto him the Fort of our hearts nor give our consent that sin shall enter Of which sinne the will is guilty which though it did not consent to the Act yet it gave way to the Divels dispute and that with some tickling delight wee should listen to his tentation alluring us to sinne But if as in this case of a violent rape the will bee wholly averse unto it and the heart abhor it even as the terrours of death though the agent and ravisher committeth an horrible sinne yet the patient or party forced and ravished is wholly cleare of it For the body onely is violated but the soule not vitiated and though that bee defiled yet it is not corrupted or at least with such a corruption that is not sinful as S. Augustine speaketh For there is onely the matter of sin which giveth it no being in a subject forced by outward violence but not the forme which giveth onely being and denomination seeing the will is wholly averse unto it So that if this bee granted which cannot bee denied that it is a sinne to lye but no sin to be forced and ravished then the case is easily cleared namely that it is not lawfull by the evill of sinne to shun such an evill as is not sinfull actively to defile the soule that the body may not passively be defiled or only in hope that wee may shun the outrage of the adulterous ravisher to cast our selves certainely into the snares of the Divell by lying and sinning and so to be defiled by spirituall filthinesse and to be deflowred and deprived inwardly in our soules of their purity and chastity And of this judgement is Saint Augustine who speaketh excellently Nulla est pudicitia corporis nisi 〈…〉 itate ani 〈…〉 deat 〈…〉 mend lib. 1. c. 7. to our present purpose There is saith hee no chastity of the body which doth not depend upon the integrity of the minde which being pulled from the other it must needs fall although it may seeme untainted and untouched and for this cause is not to bee numbred amongst temporall things seeing they may be taken from those that are unwilling to leave them And therefore by no means the minde must corrupt it selfe with a lye for its body which it knoweth to remaine incorrupt if the incorruption doth not depart from the soule For what the body suffreth through violence there being no precedent lust it is rather to bee reputed vexation than corruption Or if every such vexation bee corruption yet every corruption is not then dishonest but onely that which lust hath procured or
whereby hee is able not onely to kill the body of him that lyeth as hee did Ananias and Sapphira but also to cast both body and soule into hell and in the meane time to frustrate all our hopes and ends which we propound unto our selves in lying either by detecting our untrueths or by crossing us in them so as they shall not effect our desires but rather hinder them and finally if wee did know that he is a God of trueth who hateth and abhorreth lyes and will according to his Word give lyars their portion in that lake which burneth Apoc. 21. 8. with fire and brimstone if they doe not prevent their just damnation by unfained repentance wee would not take pleasure in lyes nor bee hyred to tell them with the base wages of worldly vanities But it is our ignorance of these things that causeth us so easily to fall into this sinne when as Sathan or the World tempteth us unto it And therefore the Prophet joyneth them together as the Cause and Effect They bend saith hee their tongue like Jer. 9. ◠their bow for lyes but they are not valiant for the trueth upon the earth for they proceed from evill to evill and they know not me saith the Lord. Another Cause is oblivion and forgetfulnesse of God for many that know Gods Nature and Attributes and will acknowledge that he is omniscient omnipotent just and true in all his Word and wayes yet fall into this sinne through forgetfulnesse not pondering and considering what they know when they should make use of it to keepe them from sinning And of this the Prophet Esay speaketh Of whom saith hee hast thou beene affraid or feared that thou Esay 57. 11. hast lyed and hast not remembred mee nor laid it to thy heart A third Cause of lying is our inordinate and §. 4. A third Cause is immoderate feare of men immoderate feare of men more than of God the which the Prophet implyeth in the same words Of whom hast thou beene affraid that thou hast lyed and hast not remembred me whom thou hast more cause to feare than all men or devils For they at the most can but kill the bodie but God can also cast body and soule into hell Neither is either man or devill Mat. 10. 28. so able to protect us against the stroke of Gods vengeance when wee speake lyes as hee is both able and willing to defend and preserve us against all their might and malice whilest wee make conscience of speaking the trueth for according to his gracious promise Hee shall cover us with his feathers Psal 91. 4. and under his wings shall we trust his trueth shall bee our shield and buckler But because men looke onely unto the present and take care to avoid imminent danger and live by sense more than by faith beholding the arme of flesh ready to strike them and not the power of God which is all-sufficient to protect them nor seeing him that is invisible Therefore they make lyes their refuge and hide Esay 28. 15. themselves under falshood and vanitie And this appeareth principally in the practise of inferiours as children and servants who having committed any fault doe usually colour and cover it with a lye that so they may escape the displeasure of their governors whereas if they feared God more than men they would bee much more fearefull to fall into his hands than theirs seeing he is a consuming Heb. 12. 24. Fire who is able in his just wrath utterly to destroy them and would rather choose to speake the trueth though they lost the favour of mortall men than by lyes to loose the favour of the immortall God yea they would know that their greatest safety would be in speaking the trueth seeing God the authour and lover of it hath the hearts of all men in his hands and can move superiours to pardon what is done amisse yea to love them more for their trueth and ingenuity than to mislike them for their faults and errours A fourth Cause of lying is carnall confidence and security whereby men blesse themselves in §. 5. A fourth Cause of Lying is Carnall Confidence and Security this sinfull course presuming that their lyes shall bee so cunningly contrived and so boldly and impudently outfaced that they shall never come to light and that as they have long practised them and yet have escaped both the punishment of God and men so they may still goe on securely in their sinne without feare of danger And of such the Prophet Esay speaketh Who had made a covenant with death and an agreement with hell promising unto Esay 28. 1◠themselves that when the overflowing scourge should passe thorow it should not come unto them because they had made lyes their refuge and hid themselves under falshood And againe they trust in vanitie and speake lyes hoping through their cleanly conveiance Chap. 54. 4. that they shall never be discovered But the truth which they oppose is as a shining light which will lay open all these hidden workes of darkenesse and bring them at length to shame and punishment And whereas they presume that they shall still escape because having long lived in this sinne they finde no hurt in it nor have felt Gods hand in punishing of it and so encourage themselves to go on in their wickednesse according to that of the Preacher Because sentence against an evill worke is Eccles 8. 11. not executed speedily therefore the heart of the sonnes of men is fully set in them to doe evill Let them know that though they are respited yet they are not remitted and though the overflowing scourge hath Esay 28. 18. passed over and not yet whipped them yet at last they shall as God hath threatned be trodden downe by it if they doe not prevent his judgement by true repentance or though they should wholly escape in this life yet this is but cold comfort if they consider that they are hereby hardened in their sinne that living and dying in it without remorse they may at last receive their full payment without mercie Apoc. 21. 8. in the world to come The last Cause of Lying which I intend to §. 6. A fifth Cause of Lying is Covetousnesse speake of is Covetousnesse whereby men immoderately loving worldly wealth will not stay Gods leisure in the use of lawfull meanes for the compassing of their desires but resolving to bee rich and making all haste in satisfying their greedy avarice they leave no stone unmoved no meanes untryed which may advance their ends Amongst the rest they finde none more fitting for their purpose than this of Lying as being a speciall helpe whereby they are inabled to supplant and deceive one another and to enrich themselves by their neighbours ruines especially when they have any entercourse of Trading buying and selling in which all manner of deceit is used to defraude one another and all disguised and hid