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A64566 The regulating of law-suits, evidences, and pleadings an assize-sermon preach't at Carmarthen, March the 16th, 1656 / by William Thomas ... Thomas, William, 1613-1689. 1657 (1657) Wing T981; ESTC R1308 25,954 42

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to abett his villany on earth at the bar Whilst a false witnesse appeals to God as the supreme Iudge he presumes he tempts he dares his vengeance The false witnesses who conspired against Naboth are decyphered children of Belial Imps of Satan because of the imitation of him because plyable to be seduced at the beck of each lewd temptation It is emphatically expressed of Belial that in Hebrew signifie's without a yoke False witnesses are not yoked restrained not by the rule of truth not by the equity of justice not by the piety of an oath This offence is a threefold cord of guilt not easily unravelled it is twisted by a lye an injury a perjury An Oath being the end of all Controversies is the seal of depositions to ratifie them it is the sacred stamp of religion not to be soyled falsifyed prophaned The Evidences of the Grecian witnesses were sworn at their Altars as a holy tye and solemnity But Xenocrates was called back from the Altar by the Areopagites who accounted his assertion a sufficient asseveration because of the strictnesse of his life they esteemed his word as valid as an Oath who may rise up in judgement against profest Christians whose oaths are lesse credible then the bare word of a Heathen Tell it not in Gath nor publish it in the streets of Ascalon It is Gods strict charge Put not thy hand with the wicked to be an unrighteous witnesse That is saith Vatablus Swear not unjustly it being the customary practice of the Iewes ancient and modern in their Oaths to lay their hands on the Thorah the books of the law of Moses to that end retained in their Courts The Ceremony is thence derived to Christianity But let it be more then an empty Ceremony a heedlesse formality When the Witnesse or the Iuror layes one hand on the Bible let him lay the other on his heart lest if he faulter in what he swears he renounce his portion the comforts the ravishing mercies of the Gospell lest he contract for lest he inherit all the menaces the terrifying judgements of the Law The Proverbiall passage * Lend me a testimony was a foul stain to the Greek nation Perjuries are ungracious lones or boons to gratify any man with villany But the slurre is not confined to Greece The Brittish feuds and quarrells of persons and familyes have in former Ages been prosecuted with swords but in latter times with suits and perjuries the tumults being lesse but the crimes greater Pardon my just indignation I wish from my soul it were a scandall to averre it Let not any inducement of affection or obligation any tye of alliance or dependance extend further then Pericles bounds to the Altars not to be endeared to any so farre as in his behalf to be perjured not to imagine to acquit our selves true friends by being false witnesses not to purchase the favour of a mortall man with the frown the doom of an immortall God The violation of justice by a false witnesse the contempt of the religion of an Oath hath God for a sufficient avenger Let not any wonder that a speedy earthquake doth not swallow up that a fierce thunderbolt doth not crush and blast a false witnesse to chastise his insolency He sinnes against an invisible God and hath an invisible punishment the stings and lashes of a guilty conscience which being seared and pacifyed this very serenity this calmnesse is a presage of a succeeding low ring tempest A false witnesse is recited among the abominations of the Lord He shall not escape unpunisht He may fence for a time from a humane vengeance but a divine shall in the end oretake him He shall not be clean saith Vatablus His offence shall be imputed the deformity of his iniquity shall be presented the stain the horrour of it discovered at the day of Iudgement If these considerations scare us not from the injustice of the Evidence the next refuge and prop is the injustice of the Pleading which directs my humble addresse to you the Gentlemen of the long Robe To vilify your title your Office were in some measure to derogate from the sacred Trinity God the Father is titled Baalrib the pleader It was Davids humble suit to be Gods Client Plead thou my cause God the Son is recommended to us by the endearment of this name and notion We have an Advocate with the Father Iesus Christ the righteous A Mediator for intercession to plead as well as redemption to merit for us The Holy Ghost is decyphered {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} A word which in it's genuine signification more properly denotes the Pleader then the Comforter He pleadeth maketh intercession for us with the choicest flowers of Rhetorick with grones that cannot be uttered The truth of this criticisme is honoured with the approbation of a Councell To question the expediency of your function were to controll the wisdome of all or most nations which have owned principles of piety or civility There is no man that hath a more meet respect for your persons nor a more venerable esteem of your profession then my self Yet there is no calling can justifie the unjust practises of them that undertake it As I am not to learn whose message I ought to deliver in this place so I am not to doubt but that your piety conducts you hither not to censure the Preacher but to practise the Sermon not to look up to the pulpit as to a stage for the pleasing of an itching ear but for the searching the lancing of an ulcer'd soul of a fester'd tongue if any be for caution for prevention lest any be by the injustice of pleading A varied injustice By being engaged in more causes then can sufficiently be discussed or dextrously managed a course resented and taxed by Heathen Rhetoricians Were Westminster the Scene I should here with due reverence to the Sages of the Law crave leave to adde to amplify for illustration By being Intelligences in divers sphears pleaders in severall Courts as opportunityes invite whereby even in the justest weightyest interests especially by the most eminent practitioners whilst one Client is supported another at the same time at a little distance may be unfortunately distrest I say not betrayed because not entirely voluntarily neglected and yet perhaps by this occasion irrecoverably ruin'd Or by ingenious perhaps injurious irreligious cavills to spin out causes to the burdensome expence the attendance of Clients I humbly offer it to your mature consideration Since there is a portion of benediction of adoption expressed for those that compose jarres and differences a Blessed are the peace-makers for they shall be called the children of God they shall be owned crowned for such by the Topick proof the rule of Contraries there is intimated a worse condition and relation for such who are instrumentall straining their wits unnecessarily to create to protract to
to vile gaines to mean inconsiderable advantages to raise your fortunes temporally on the ruines of your selves eternally The getting of treasures by a lying tongue is a vanity tossed to and fro of them that seek death The glosse on the words applyes them to the injustice of pleading It is a dismall aphorisme and it should not have dropt from my mouth had it not proceeded from the Holy Ghost Spira the disconsolate example of despair first maintained false causes in Law afterwards renounced true tenets in Religion To be a corrupt Advocate was his first step towards hell I shall not recommend * Tertul lian for a pattern whose quitting his profession of an Advocate upon his conversion to Christianity was a very unnecessary rigour But beware of Tertullus stamp whose eloquence dispenced with his conscience Let not the lustre of your Rhetorick abate the light of your Religion Let not any exquisite ability in the law prepare a fucus a paint for oppression or malice let not so sweet an oyntment be spilt upon an unsavoury cause to be ingeniously ungracious accurately irreligious It is an uncomfortable commendation an unhappy elogy to be a better lawyer then a Christian to be more acute then upright to plead well in ill causes It is a perfume to the fame of Ivo that he pleaded onely for the afflicted vindicated the oppressed being entitled the Advocate of the poor and canonized for a Saint Give not cause to present or succeeding ages to apply to any of you that character of Coelius an Advocate which sticks a slurre a taint to his name unto this day for to be reputed worthy of a better mind of an honester soul for to be the pearl of Advocates in the French style and yet not to appertain to Gods cabinet in the day that he shall sort make up his jewels To conclude this caveat Let not your counsells your pleadings be tempered with more grains of the Serpent then the Dove Let not your profits exceed eclipse your graces The fees of just causes onely can entayl blessings to your families and assure comforts to your souls With melting bowells I tender this unwelcome meditation to your candid censures to your retired mortifyed thoughts which lay upon my own being call'd to this place like a weight of lead untill I utter'd it I have freely discharged my conscience in the presence of God and this Congregation and should now proceed from the injustice of the Pleading to the injustice of the Verdict of the Decree of the Record But the time hath trod upon my heels like a wearied traveller I must take up my rest before I have scarce finisht half my journey and like Issachar must stoop betwixt two burdens I have the rather enlarged my meditation on the three first rounds of Injustice because Courts are like Elements the corruptions the distempers above take their rise from exhalations from below Unjust causes indirect evidences and pleadings are the source and bane of all judiciary proceedings Well we may juggle with men on earth we cannot play the Sophisters with heaven and put a cheat on our God As for all sorts and degrees here present When you hear the trumpet sound let it be an alarm to your soules to rowze you to an apprehension of the generall Sessions of the great judgement of the world when we shall all appear before the judgement-seat of Christ not onely appear but become transparent like Drusus fancyed house of glasse Our minds shall be as clearly seen as conspicuous as our faces Then all the Iudges of the earth shall stand at the Bar. The Counsellors must plead for themselves render an account for every idle word If for every light frivolous pro otioso much more pro odioso for every false scandalous plea Then the books of records our own consciences shall be unclasped to be manifest evidences of our secret sinnes in the sight of God of Angells and men No unjust causes no corrupt evidences or pleadings can taint this judgement no demurror can shift it off no quirk or subtlety reverse no power or authority repeal it Let us be awfully prepared conscientiously qualifyed at this great Sessions that at the approach of a farre greater we may be graciously summon'd and acquitted by the dreadfull Iudge of men and Angells that we may be refresht ravisht with the joy and solace of that sentence Come you blessed inherit the kingdome prepared for you from the foundation of the world Wherein God of his infinite mercy estate us for the merits of his Son and our alone Saviour Iesus Christ to whom and the Holy Ghost be glory honour power majesty and dominion ascribed this day and for evermore Amen Amen FINIS Tul. de leg. l. 3. Iust. Iur. Civ. l. 1. ● 2. Aquin. 1● 2ae q. 91. a. 4. Rom. 2. 14. Iustit Iur. Civ. l. 1. tit. 1. Matth. 7. 12. Mufculus Rom. 3. 4. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Ioh. P. de Fer. in proct For. jur Test. Omni homini proximus omnis homo S. Aug. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Iudg. 19. 29. Deus faciat tam commodum quam accommodum S. Aug. 1 Kings 18. vers. 44. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Rom. 13. 4. Same v. 4. Camer. in Or. pro Flacco 1 Corinth 6. 7. Melan in 1 Cor. 6. Levit. 19. 18. Matth. 5. 38. Exod. 21. 24 25. Arist. 5. Eth. Gell. At. N. l. 20. Justin. l. 4. tit. 4. de injuriis Matt. 5. 39. Dr. Hamm in his Annotat. 1. 1 Cor. 6. 8. Socrates Godw. Rom. Ant. l. 3. s. 4. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} In Arist. Vesp. Schol. 2. 1 Cor. 6. 7. Matth. 5. 39. Isid. Pel. l. 2. ep. 6. Vers. 40. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Is. Casaub. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Deut. 1. 15. Car. Sig. de Rep Heb. l. 7. 6. 7. Sigon de Rep. Atheniensi 3. 1 Cor. 13. S. Iames 3. 16. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Luke 12. 15. August in Ser. 196. Omnia videntus prius tentanda esse quam ad judicia disceda mus P. Mart. in L. Com. cl 4. Heb. 12. 14. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Genes 13. 8. 1 Cor. 6. 5. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Hom. Iliad {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Theoph. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Amm. Marcel Hist. l. 18. Prov. 25. 18. Bernard Decret. tit. de test Mat. 18. 16. Alex. Al. S. Th. p. 3. qu. 43. Aqu. 2a. 2ae qu. 70. Art 3. Greg. dist. 2. q. 1. Aquin. ib. can dist. 32. q. 5. Car. Sig. de R. Heb. l. 6. c. 6. Aquin. ib. Non idonei testes quibus imperari potest ut testes fiant Can. dist. 4. q. 3. Ne inopes sint Greg. dist. 2. q. 1. {non-Roman} {non-Roman} {non-Roman} {non-Roman}