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cause_n good_a just_a law_n 2,761 5 4.7834 4 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A66711 Say on, or, A seasonable plea for a full hearing betwixt man and man and a serious plea for the like hearing betwixt God and man : delivered in a sermon at Chelmsford in Essex, at the general assize holden for the said county, before the Honourable Sir Timothy Littleton, one of His Majesty's Barons of the Exchecquer, July 8, 1678 / by Anthony Walker ... Walker, Anthony, d. 1692. 1679 (1679) Wing W308; ESTC R5261 13,981 60

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All Virtues so ornamental to Tribunals that nothing can be more I proceed to the second Consideration that is of the Person to whom they were spoken that is to a Petitioner a Plantiff who came to plead her cause before him as her Judge And First they were dicta mulieri spoken to a woman whose Sex exposed her to some prejudice as not needing over much encouragement to speak yet he saith not She 'll talk enough without bidding and if I encourage her she 'll never have done No idle or frivolous pretences should debar those whose Lives Estates or other near Concernments lye at stake from a full and fair Hearing He saith to the Woman Say on 2. Dicta Viduae they were spoken to a Widow Widow-hood is a forlorn estate and Widow is a desolate name Had the Plaintiff been a great man no wonder that such an one should obtain a Full Hearing But to give leave and encouragement to a poor to a desolate Widow to Say on this was much to be wondered at but more to be commended 'T was such a piece of Justice in righteous Job that rendred him so eminent the words are so remarkable I cannot omit the rehearsal of them at large Job 29.11 12 13 14 15 16 17. When the ear heard me then it blessed me and when the eye saw me it gave witness to me Because I delivered the poor that cryed and the fatherless and him that had none to help him The Blessing of him that was ready to perish came upon me and I caused the widows heart to sing for joy I put on righteousness and it cloathed me my judgment was a Robe and Diadem I was eyes to the blind and feet was I to the lame I was a father to the poor and the cause which I knew not I searched out and I brake the jaws of the wicked and plucked the spoil out of his teeth Than which words there can be no better Commentary upon David's saying to a desolate and poor widow Say on 3. Dicta Reo spoken to a guilty person For if it be true that in the eye of the Law Actor Reus eandem sustinent personam What is said to him or her that pleads the cause of the guilty is said as to the guilty To suspend prejudice and to hear out a presumed guilty party argues much candor and moderation The Law supposes every man honest and innocent and every man's cause just and good till it is found and appears otherwise and that cannot be without discussing it therefore no presumptive prejudices should stop their mouths or debar them their Plea Let even such therefore Say on 4. Dicta reo parricidii they were spoken to one guilty of Murder the worst of Crimes and Fratricide the worst of Murders The foulest offences cut not off the offender from liberty to plead his cause to defend and if he can to clear himself which minds me of God's own proceeding with Cain in the very same Circumstances when he had slain his Brother Abel Gen. 4. Where is thy Brother What hast thou done Which Questions imply a liberty to answer left him 5. Dicta consitenti to one who had confessed the Fact and in effect accused him whom she came to defend and plead for Circumstances oft alter the case very much and great alleviations may be urged which may extenuate the fault though they neither do or can deny the Fact therefore even confitenti reo say Say on 6. But lastly dicta humili supplicanti they were spoke to one who was humble and modest and made request for audience ver 4. She fell on her face and made obeysance She said Let thy handmaid I pray thee speak a word to my Lord the King She made supplication to her Judge she behaved not her self unseemly she did not extort an Hearing with noise and clamour nor like the other Widow Luke 18. weary him out with importunity and so teez the Judge that he did her Justice to be quiet and reliev'd her in his own defence no she sought it humbly and obtain'd it candidly 'T is infinitely indecent and a great desecrating and prophaning so sacred a place as a Court of Judicature and so holy a thing as Justice it self is to bawl and jeer and make a noise and is so far from being manly that this Woman may shame them to use their Tongues better And such procedure gives just suspicion that the merits of that cause are not very good which needs the raising so much dust to cloud them from the eyes of sober Reason When S. Paul pleaded before King Agrippa and Festus his Plea was words of truth and soberness Act. 26.25 The King 's presumed present in his Courts and a greater than He the King of Kings He judgeth amongst the Gods the judgment is the Lord's Therefore all things should be carried as becomes such a presence gravely modestly soberly seriously for though every good Judge will say to such with David here Say on I suppose no wise Judge will say in earnest what Job once said in Irony Job 21.3 Mock on 3. Quo fine for what end intent or purpose did he give her this leave and encouragement to Say on Certainly for many wise and great and good ones to suggest some of which may be useful and exemplary First To find out the truth and right The Tongue is the Hearts Interpreter and other mens Informer and truth is often bolted out by the moving of the Lips A plain Story innocently told that comes freely without pains disguise or artifice that is coherent and self consistent is a good argument of honest simplicity When on the other side fair liberty of Speech being granted if they shuffle hesitate and stick contradict themselves and have little or nothing to say 't is a shrewd presumption all is not right and so though it be uncomely in this place to name the Proverb 't is like occurs to all your thoughts offenders are oft ensnared by their own lips and their tongues fall upon themselves and they are judged out of their own mouths For nothing is easier than to tell a true Story plainly as the matter is truth being always consistent with it self and to defend a just and honest cause which carries with it it 's own evidence So nothing is harder than to make a false matter appear true and a foul cause to appear just and clear to a discerning mind Let them therefore Say on 't is the way to clear the innocent to convict the guilty and bring truth to light 2. To preserve the honour of Judicial Proceedings which is of great Concernment While the Judge judges the Criminals or between the parties litigant all the Assembly will be sure to judge him and therefore 't is not enough to decree what is just but to make it manifest that he proceeds justly even God himself whose nature secures him from all unrighteousness and makes it impossible for him to do