Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	action_n	commit_v	execution_n	1,415	5	10.2869	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A15408	Hexapla in Genesin & Exodum: that is, a sixfold commentary upon the two first bookes of Moses, being Genesis and Exodus Wherein these translations are compared together: 1. The Chalde. 2. The Septuagint. 3. The vulgar Latine. 4. Pagnine. 5. Montanus. 6. Iunius. 7. Vatablus. 8. The great English Bible. 9. The Geneva edition. And 10. The Hebrew originall. Together with a sixfold vse of every chapter, shewing 1. The method or argument: 2. The divers readings: 3. The explanation of difficult questions and doubtfull places: 4. The places of doctrine: 5. Places of confutation: 6. Morall observations. In which worke, about three thousand theologicall questions are discussed: above forty authors old and new abridged: and together comprised whatsoever worthy of note, either Mercerus out of the Rabbines, Pererius out of the fathers, or Marloran out of the new writers, have in their learned commentaries collected. By Andrew Willet, minister of the gospell of Iesus Christ.	Willet, Andrew, 1562-1621.; Willet, Andrew, 1562-1621. Hexapla in Genesin. aut; Willet, Andrew, 1562-1621. Hexapla in Exodum. aut	1633 (1633)	STC 25685; ESTC S114193	2,366,144	1,184

love covereth all trespasses Proverb 6.12 2. When the rule of the Gospell is not observed to tell our neighbour his faults privately first before we make them publike therein we also offend and that two wayes first Quia transgreditur ordinem quem Christus posuit in corrigendo because he transgresseth the order set by Christ in correcting of offenders Matth. 18.11 And againe Quia ex mala intentione agit because he doth it of a bad intention to hurt his brother Tostat. quaest 25. 3. But two cases are excepted wherein this private admonition is to be omitted first Si judicialiter inquiratur if the offence be judicially inquired of then one is not to conceale the faults which he knoweth by another for in this case he need not tell it to the Church that is to the Judges and Governours because it is knowne to them already Another case is where the offence though not yet acted but intended only concerneth the whole State wherein there is danger in concealing in such offences complaint may bee first made to authority for of such trespasses our blessed Saviour speaketh not but only of those which are private and particular If thy brother trespasse against thee QUEST IX Of the divers kindes of false testimonies BUt now let us proceed to examine the particular kindes of false testimonies which are of two sorts 1. In doctrine which either concerneth God and religion or the knowledge of humane Arts. 2. In the affaires of the life and that either publike in judgement and making of covenants or private which is either in testifying falsly against others or giving a false testimony of our selves Marbach Simler Of these now in their order QUEST X. Of a false testimony in matters of religion FIrst a false testimony is in doctrine 1. In matters of religion as Cum in religione à vera fide disc●●●●tur when as in religion any depart from the analogy of faith Marbach As they which maintaine heresie and false doctrine or which for feare in time of persecution deny the truth or such as handle the word of God impurely and mingle with it their owne traditions and fables all these are false w●●nesses against God and his truth And therefore Augustine inferreth well Si mendacium quod adversus vitam cujusquam temporalem dicitur detestabile est c. If a lye which is made against any ones temporall life he detestable much more if it be against life eternall as every lye is that is made in doctrine of re●●gion c. And to this purpose Augustine produceth that saying of S. Paul 1. Cor. 15.15 We are found fa●se witnesses against God namely if the dead rise not againe for we have testified of God that he hath raised up Christ August de m●●d●c ad 〈◊〉 cap. 12. But because this kinde of lying in causes of religion is a transgression of our duty toward God it more properly belongeth to the first Table being a breach of the first Commandement Simler QUEST XI Of falshood and errour in 〈◊〉 ANother kinde of falshood in doctrine is 〈…〉 artibus vel 〈◊〉 à vero 〈◊〉 when 〈◊〉 〈◊〉 in arts and disciplines Mar●●ch As when 〈◊〉 and false opinions are maintained in 〈◊〉 Physicke or any other 〈◊〉 and profession as Anaxag●●● 〈…〉 that the 〈◊〉 was blacke Now these errours are dangerous in three respects 〈◊〉 Because of the 〈◊〉 Error 〈…〉 turpis errour of it selfe is a beastly and filthy thing 2. The cause thereof is arrogancy and pride Sophisters to shew their wit will take upon them to defend errours and strange opinions 3. But the greatest 〈◊〉 regard of the inconvenience that often ensueth for by such errour in opinion many 〈…〉 seduced also to 〈◊〉 in action and which is worst of all such Sophistry from 〈…〉 oftentimes into Theology and Divinity Simler QUEST XII How falshood is committed in judgement FAlshood in judiciall acts is diversly committed 1. By the false and unjust accus●● therefore the Law saith Levit. 19.16 Thou shalt not stand against the bloud of thy neighbour that is accuse him wrongfully and being his life in danger 2. The Judge offendeth in giving false judgement 〈◊〉 19.15 Thou 〈◊〉 not the ●●justly in judgement 3. The actuaries also and ministers of unjust Judges and guilty of the same offence Isay 10.1 W● unto them that decree wicked decrees and write grievous things 4. The Advocates and patrons of causes that defend false titles and set a faire shew on bad causes as 〈◊〉 abused his eloquence in disgracing of Paul Act. 24.1 5. False witnesses especially transgresse this Commandement because upon their testimony resteth the whole proceeding in judgement QUEST XIII Of the danger of bearing false witnesse in judgement COncerning false witnesses 1. He is not only a false witnesse that testifieth that which is false against his brother as such were the false witnesses against Naboth but hee also which concealeth the truth of feare hatred or malice whereby the truth is overthrowne 2. Yet there are divers degrees in bearing of false witnesse for a false testimony is more hainous in causes criminall and in those which are capitall and concerne ones life than in civill and such as bring not the life in danger and those which are brought to effect are more odious than where they fa●●e of the effect as when the Judge suspecteth such witnesses and giveth no credit unto them Simler 3. But generally to be a false witnesse is a grievous sinne for he sinneth against God whose name he taketh in vaine he abuseth the Judge oppresseth the innocent condemneth his owne soule Simler And three wayes doth a false witnesse commit great impiety ex viol●tione justitiae because by his meanes justice is violated ex persurio by being perjured ex mendacio by his lying so in every false testimony there is a treble sinne Thom. Aquin. 2.2 qu. 70. art 4.4 The punishment of a false witnesse by the Law of God is retaliation Deut. 19.19 You shall doe unto him 〈◊〉 he thought to have done unto his brother So Haman was hanged upon the same gibbet which he had made for Mardoche and Daniels accusers were cast into the Lions den whither he was condemned before By the Roman Lawes which were contained in the 12. Tables a false witnesse was condemned to be throwne downe headlong from the mount Tarpeye QUEST XIV Of the detorting and wresting of words to another sense● another kinde of false testimony NEither are they onely false witnesses which doe bring in a false record against any of such things as were neither said nor done but he also is a false witnesse Qui non eodem sensu dicta intelligit quo dicuntur which understandeth ones sayings in another sense than they are spoken as they are said in the Gospell to be false witnesses against our blessed Saviour that detorted and depraved his words as though he had spoken of the destruction of the materiall Temple whereas he spake only of the dissolution

of the Temple of his body which he would raise up in three dayes Matth. 26.61 The like false witnesse was suborned against Stephen Act. 6.14 Wee have heard him say that this Iesus of Nazaret shall destroy this place c. Basting But Hierome observeth further that they did not only pervert th● sense and meaning of our blessed Saviours words but invert and change the words themselves for Christ said Solvite templum hoc destroy ye this temple Ioh. 2.19 but they alter the words thus I can destroy this temple But he said Destroy it you not I Non licitum est ut nobis ipsi inferamus manus it is not lawfull for us to lay hands upon our selves they adde further and build it againe in three dayes But our Saviour ut ostenderet animal● spir●●s templum c. to shew that he meant a living and breathing temple said I will raise it up in three dayes Hierom. super Matth. 26. QUEST XV. Of the violating of faith in leagues and covenants THere remaineth another kinde of publike false testimony which is in the violating of league● 〈◊〉 and covenants 1. This S. Paul reckoneth among the sinnes of the Gentiles Rom. 1 3● that they were truce-breakers and for this speciall fault were the Carthagineans noted with whom it was usuall to falsifie their faith so that it grew into a proverb Pu●ica fide● the Carthagineans faith Of the same kinde was that sacrilegious and impious breach of faith in that great massacre in France and 〈◊〉 slaughter practised by the Papists upon the Protestants against their faith given and covenants of peace made betweene them 2. This violating of faith as it is a breach of an oath and so manifest perjury is referred to the third precept but in regard that promises are falsified to men it appertaineth hither to this Commandement Siml 3. Of this kind was that dissembled covenant and agreement 〈…〉 and Levi and the Sichemites and 〈◊〉 slaughter of the ●ibeonites contrary to th● 〈…〉 that Ioshua formerly had made with them for the which the Lord was angry and 〈…〉 land with famine in David 〈…〉 Sam. 21.1 QUEST XVI Whether are more grievous publike or private false witnesse-bearing NOw follow such false testimonies as are committed privately in the which in generall 〈…〉 be observed 〈…〉 false testimonies which are publike in judgement 〈…〉 than those which are out of judgement both because publike witnesses speake upon their oath and so are more credited and greater infamy followeth upon such a publike testimony than by a private slander but this must be understood only materialiter materially in respect of the matter and action it selfe and 〈…〉 other things being alike for otherwise intentionaliter the private slander 〈…〉 a more malicious intent to 〈◊〉 than he which falsly deposeth in judgement and beside the 〈…〉 if his false 〈◊〉 touch his neighbours life is more injurious than hee which 〈…〉 falsly where the crime bringeth not the life in question 2. There is difference and in publike false testimonies in respect of the divers action for there are three kindes of actions or causes there 〈…〉 civill cause as in an action of debt or such like there is causa criminalis civiliter 〈◊〉 a criminall cause but civilly intended that is when the crime only deserveth a civill punishment as a pecuniary mulct and causa criminalis criminaliter intent●●a a criminall cause criminally intended ●s to the punishing of the body or losse of limme or life The false accusation in the second is more grievous than in the first where no infamy lieth and in the third more than in the second where there is infamy only but in the third there is both infamy and punishment Sic fere Tostat. qu●st 25. QUEST XVII Of the divers kindes of private false testimonies OF slandering Now the particular kindes of false testimonies privately given are these 1. 〈◊〉 privy slandering and obtrectation of them that are absent This speciall vertue is required of those that shall dwell in the Lords Tabernacle He that slandreth not with his tongue Psal. 11.3 such an 〈…〉 Sib● that accused Mephihoseth 2. Sam. 16.1 and wicked Doeg that by his malicious accusation procured the slaughter of 85. of the Lords Priests 1. Sam. 22.9 and Haman which incensed the King against the whole nation of the Jewes Esther 3.9.10 Pelarg. 2. Neither they only which devise the slander are here faulty but they which willingly receive it and beleeve it and therefore it followeth in the Psalm● 15.3 He that receiveth not a false report against his neighbour Simonides the Musician by the light of 〈◊〉 could reprove one that told him that many spake evill of him Et quando tu desines mihi 〈…〉 c. and when wilt thou leave to backbite me with thine eares 3. They also which suffer one to be slandered in their hearing and hold their peace not defending the good name of their brother are partakers in this sinne such were the servants of Saul that held their peace when Saul charged Io●●than and David to have conspired against him 1. Sam. 22.8 But Ionathan dealt faithfully with David defending him in his absence before Saul his father 1. Sam. 19.4 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 evill speaking and railing which S. Paul biddeth to be put away Ephes. 4.31 which is of divers sorts 1. In manifest and open railing to the face as Shemei cursed David 2. Sam. 16. 2. In derision and scorning as Michel laughed David to scorne 2. Sam. 6. Simler 3. Or in hasty and rash judgement 〈◊〉 Potiphar upon the complaint of his wife without any further examination condemned innocent Ioseph to prison Basting 3. Then there is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whispering they which use it are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whisperers tatlers Qui recitant quicquid audiant who will tell whatsoever they heare Thomas Therefore the Law saith Th●● shalt not walke about with tales among the people Levit. 19.16 These are first busie bodies that doe curiously inquire and aske questions of things that belong not unto them They goe about from house to house 1 Tim. 5.13 then they are pra●lers that clacke in every corner whatsoever they know and so they are the sowers of dissention and makers of strife which is one of the six things which the Wise-man abhorreth Prov. 6.19 4. Hitherto belongeth also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 flattery who seeke altogether to please and doe uphold them upon whom they fawne in their sinnes 1. The scope and end of such flatterers is their owne profit and advantage and therefore they attend upon rich men and specially in Princes Courts as such there were in Sauls Court of whom David complaineth They flatter with their tongues and speake with a double 〈◊〉 Psal. 12.2 2. Of these there are two sorts for there are some flatterers in the callings of religion as false Prophets and flattering Preachers that sooth up men in their sinnes such were

so it is as the fountaine and beginning whence good Lawes proceed Lex enim per judicium facta est for the Law is made out of judgement Secondly it is taken pro ipsa exhibitione justitiae for the very exhibiting and administration of justice which is the execution of the Lawes Thirdly it is taken pro lege secundùm quam judicandum est for the Law it selfe according to the which judgement is given and in this signification is the word used here Tostat. qu. 3. QUEST VI. How Moses propounded these Lawes by speaking or by writing Vers. 1. WHich thou shalt set before them or propound unto them 1. Augustine saith Notanda est hic locutio c. The manner of speech is here to be observed this is said to Moses Thou shalt propound c. but the rest that followeth If thou shalt buy c. vers 2. is spoken to the people as unto Moses Locut 91. in Exod. 2. These Lawes Ab. Ezra saith might be propounded two wayes unto the people either by pronouncing them or by writing of them But it is evident chap. 24.3 that first Moses told all these Lawes by word of mouth before he writ them and he had first the peoples consent unto them for they were no Lawes till the people had received them and submitted themselves unto them And therefore as soone as Moses had propounded them the people answered with one voice All the things which the Lord hath said will we doe chap. 24.3 Tostat. qu. 3. QUEST VII Why the Israelites were called Hebrewes Vers. 2. IF thou buy an Hebrew servant c. This was a peculiar name to the Israelites to be called Hebrewes 1. which name is not derived of Abraham as some thinke for the name Hebrew beginneth with the letter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ain the name of Abraham with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 aleph and beside there were other nations that came of Abraham as the Edomites Ismaelites Amalekites Midianites which should also by that reason have beene called Hebrewes 2. Neither is this name derived of the signification thereof which signifieth to passe over that therefore they should be so called because sometime they dwelt beyond the river in Mesopotamia and came over the river for Lot came over as well as Abraham and yet his posterity the Moabites and Ammonites were not called Hebrewes 3. Therefore they are so called of Heber not only because they were of him descended for other nations which came of Ioktan the second sonne of Heber descended of him yet were not called Hebrewes neither was this name given them in respect of the holinesse and true worship of God which Heber professed for in that sense they might rather have beene called by Abrahams name who is famous in Scripture for his faith and obedience but the reason of this name is because the Hebrew language which was peculiar and proper to the Israelites was preserved in the family of Heber when the tongues were divided at the destruction of Babel and so although many other nations did spring out of Hebers family yet it was so disposed by Gods providence that the true worship of God together with the Hebrew tongue should be preserved only among the righteous seed It is no other like but that in Abrahams house Ismael as well as Isaack● and in Isaacks house Esau as well as Iacob spake Hebrew while they lived together but afterward when Ismael and Esau were departed from their fathers house they spake the tongue and language of those nations to whom they joyned themselves Tostat. qu. 4. QUEST VIII How the Hebrewes became servants AN Hebrew servant 1. The Israelites had two kindes of servants some were of other nations as most of the servants which the Romans had were such and these servants they might keepe a longer time than for six yeeres their servitude was perpetuall and hereditary both of themselves and their children the other kinde of servants was of their owne nation for whose benefit this Law is made Tostat. Oleaster 2. Some thinke that this Law is made concerning such servants being Hebrewes which were bought of the Gentiles but R. Salomon thinketh better that it is a generall Law concerning all servants that were Hebrewes howsoever they came to be servants Ex Lyrano 3. The Hebrewes became servants by these wayes 1. If any man did steale and had not wherewithall to make satisfaction hee was to be sold by the Judges and so the theft to be made good Exod. 22.3 2. If any did sell himselfe through poverty Deut. 15.12 or a man sell his sonne or daughter chap. 21.7 or when any were taken to be servants and bondmen for debt as 2 King 4.2 Simler 3. Or when any having a servant and being decayed had no longer any use or service for him he might sell him over unto another Lyran. 4. There might bee also a fourth occasion of servitude namely when in the civill warres which were among the Israelites as when the kingdome was divided after Salomons dayes they did take any Hebrewes captives or prisoners they afterwards became their servants Simler QUEST IX The difference betweene Hebrew servants and strangers NOw the condition of an Hebrew servant was more tolerable than of other servants which were of strange nations in these two respects 1. Their service was not so hard nor so cruell Levit. 25.43 Thou shalt not rule over him cruelly And before vers 39. Thou shalt not compell him to serve as a bond servant but as an hired servant and as a sojourner he shall be with thee that is his service should bee easie and gentle and their entertainment good as when one is hired yet herein the condition of such servants differed from an hireling the servant was bound generally during his service to doe any worke which his master enjoyned him but the hireling was onely to doe that worke for the which he was hired the hireling was free and at his owne disposition he could not be set over to another but so might the servant be sold over during the time of his service being not his owne man but to be disposed of at the will of his master Tostat. quaest 5. 2. The Hebrew servants differed from others in the time of their service which was not to exceed six yeeres whereas the bondage and servitude of strangers was perpetuall Simler Such as they were commanded by the Law to have Levit. 25.44 Thy bond servant and thy bond-maid which thou shalt have shall be of the Heathen which are around about you as were the 〈…〉 upon whom was laid the curse of perpetuall bondage or servitude Gen. 9.25 Cursed be Canaan 〈…〉 of servants shall he be to his brethren QUEST X. Of three kindes of liberty and how servitude is agreeable to the Law of Nature BUt here it will further be demanded whether servitude be agreeable to the Law of nature and how it commeth to passe that the Lord suffred the Israelites being a free people to

any man there no word is expressed of the intention as here Contra. 1. By neighbour any man whosoever is understood 2. And expresse mention is made here of the will and intention because it is an explanation of the former law Simler 3. Iunius thinketh that not he onely which killeth sed qui conatus est occidere but went about to kill is comprehended in this law as Deut. 19.19 Ye shall doe unto him as he had thought to doe unto his brother Contra. 1. It seemeth by the generall law vers 12. that this constitution is onely for murther committed and not intended onely for such smiting the law speaketh of whereupon death followeth 2. That law given in instance Deut. 19. is touching false witnesses whose false testimonie breaketh out into action into false witnesse bearing so that there is not an intention onely for the false witnesse by his false testimonie acteth as much as in him lieth to take away the life of his brother that place therefore is impertinent to this purpose I approve here rather the judgement of Cajetane Nec describuntur haec intus in animo sed prodeuntia extra in actiones Neither are these things described onely in the minde but proceeding without into action QUEST XLI Of the difference betweene voluntarie and involuntarie murther and the divers kinds of each HEre then there is a manifest distinction of involuntarie and voluntarie murther or killing grounded upon the law of Moses· 1. Involuntarie killing is of two sorts there are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 chances unlooked for and sudden events as when one shooteth an arrow and killeth one unawares as Peleus killed his sonne being in hunting with him There are beside these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 errors and oversights as the father beateth his childe purposing onely to chastise him and hee dieth of that beating a Physition ministreth physick to his patient intending to cure him and doe him good and he dieth of it Borrh. 2. There are likewise two kinds of voluntarie or wilfull murther ex proposito of purpose ex impetu animi in heat or rage These kinde of murthers are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 iniquities one may be slaine ex proposito purposely either per insidias by lying in wait when one watcheth for the life of a man and taketh him at advantage as Ioab killed Abner and afterward Amasa they suspecting no such thing so Ismael killed Gedoliah Ierem. 41. Or els per industriam when one of set purpose picketh quarrels and seeketh occasions to provoke a man that he may kill him both these kinds are touched here Tostat. quaest 16. Then one may bee killed in heat and rage when there was no purpose before as Alexander the Great killed Clitus Pelarg. This kinde though not so grievous as the other yet is a kinde of voluntarie killing So there is extant a constitution of Hadrian the Emperour against him qui per lasciviam causam mortis praebuisset which was the cause of anothers death through wantonnesse and riot though there were no enmitie before that such an one should be banished five yeeres Simler QUEST XLII Why the wilfull murtherer was to be taken from the Altar Vers. 14. THou shalt take him from mine Altar 1. This may bee understood either of the Altar of incense which was in the holy place or of the Altar of burnt offring rather which was without the Tabernacle in the Court for thither every one might easily flee that had committed any such offence but to the Arke no escape could be made because there was no entrance thither 2. R. Salomon saith that this is meant even of the Priest that sacrificed at the Altar who after he had finished his service at the Altar might be taken thence and judged by the law as other malefactors and murtherers Which collection of his may be received saving that it is not like they would suffer a murtherous Priest to minister at the Altar 3. But that other conceit of R. Salomon whom Lyranus followeth hath no good ground that he that had killed an Hebrew wilfully might be taken from the Altar as Ioab was but if he had onely killed a Gentile as a Moabite or Ammonite though of set purpose he was not to be taken thence but was privileged by the Altar But the contrarie appeareth that this law forbiddeth all voluntarie and wilfull murther whether of Hebrew or Gentile for it was more to kill a Gentile being free then a Gentile that was a servant or bondman but the master was to die for it if he beat his servant to death so that he died under his hand vers 20. which law must be understood of strangers and aliens that were servants not of Hebrewes for they were not to deale so cruelly with them Levit. 25.38 Iun. much more therefore were they to die if they of purpose killed any free stranger Tostat. 4. If therefore the wilfull murther as well of strangers as Hebrewes be here forbidden then both for the one murther and for the other might they be taken even from the Altar 5. And the reason thereof was this because they which did flee to Gods Altar eum tanquam patronum judicem innocentiae suae implorabani did sue unto God as the patron and Judge of their innocency therefore they therein abusing Gods name were to be expelled thence Gallas QUEST XLIII What manner of smiting of parents is forbidden Vers. 15. HE that smiteth his father and mother c. 1. The very smiting of the father or mother deserveth death although they die not of such smiting Cajetan Iun. as may appeare vers 12. where is directly expressed concerning the smiting of another if hee die then the smiter shall bee put to death Piscator 2. R. Salomon understandeth that this is not meant of every smiting but when upon the smiting ●he effusion of bloud followeth or some scarre or wound is caused But the very smiting of either of the parents sheweth the malice and disobedience of the childe for the which he is worthie to die as Deut. 21.18 the sonne for his stubbornnesse and disobedience was to be stoned to death Indeed for every blow or smiting the childe was not to die if it were done unwittingly or unawares but if it were done of purpose he deserved death 3. And the reason is because of the authoritie of the parents which is the next unto God Simler Deo parentibus non possumus reddere aequalia c. Wee can never make amends unto God and our parents Cajetan As also they seeme not to be worthie of life which are injurious to those by whom they received their life Gallas QUEST XLIV Of the grievous sinne of paricide THough there be no expresse mention here of those that kill their parents yet it followeth necessarily that if it be a sinne worthie of death to smite them much more to kill them 1. This even among the Heathen was counted so hainous a sinne that they thought none

is bound to give sentence secundum allegata according to the evidence in hoc casu Index non peccat ferendo sententiam mortis and in this case they resolve that the Judge sinneth not in giving sentence of death against the innocent party Their reasons are these 1. Index non interficit ipsum sed illi qui accusant The Judge that giveth sentence doth not slay him but they wich accuse him Thomas Like as a man holding a sword in his hand another commeth and moveth his hand with the sword and so killeth a man Non est reus qui tenebat gladium He is not guiltie which held the sword Tostat. Answ. 1. Though the false accusers are the chiefe in this action yet the Judge is accessarie because he consenteth unto them otherwise Pilate that washed his hands and knew Christ to be innocent should not have sinned in condemning Christ. 2. That instance of one holding a sword is nothing like for his hand is used against his will and he himselfe acteth nothing but the Judge is an agent And the case is like as if one having a sword in his hand should be urged himselfe to kill one whom he knew to be innocent for then he should be guiltie of the murther 2. Solius est Dei judicare secundum veritatem quam ipse cognoscit It belongeth to God onely to judge according to the truth which he knoweth in himselfe But the Judge must not be informed according to that which he knoweth as a private person but as it appeareth unto him publikely in judgement Burgens Answ. It doth not follow but the contrarie rather that because the Lord judgeth according to the truth the Magistrate being in Gods place should doe the like also not to give sentence against the truth as Iehosaphat said unto his Officers and Judges Yee execute not the judgements of man but of the Lord 2 Chron. 19.6 3. Argum. He that judgeth against the law sinneth but the Judge not following his evidence judgeth against the law therefore he herein should sinne Tostat. Answ. Hee that absolveth an innocent man condemned by false witnesses goeth not against the intendment of the law which would have no innocent man condemned and all false witnesses to be punished 4. Argum. If the Judge should cleere the innocent man condemned by false witnesses he should by this meanes defame the witnesses as false men which hee is not able to prove and this would breed a great scandall Answ. 1. Of two evils the lesse is to be taken better were it for the witnesses to run into infamie than an innocent man to lose his life 2. Neither would any scandall arise at all for the Judges knowledge and credit may sway against the good name of the witnesses who by other circumstances may also easily be detected as the Judge may handle the matter 5. Argum. Involuntarie actions deserve neither praise nor dispraise altogether whether they be committed through ignorance or by violence but they helpe to excuse Therefore the Judge which followeth the publike evidence though he know the contrarie himselfe is to be excused because he is both simply forced by the law so to doe and he is in part ignorant quia nescit ut Iudex because as a Judge he knoweth it not though he know it as a private person Tostat. qu. 6. Answ. Ignorance cannot excuse the Judge at all in this case because he was an eye witnesse to the contrarie neither is there any such violence offred for he might rather leave his place and office than to bee compelled to give unjust sentence Now the contrarie part namely the negative that the Judge is not to give sentence against his owne knowledge and that in so doing he should sinne is maintained by Lyranus and Matthias Toring the Replier to Burgensis upon these reasons 1. Lyranus urgeth this sentence of Augustine Quomodo apud divinam providentiam à peccato liberi sunt c. How can they be free from sinne before the divine providence which for those things which are to bee contemned are polluted with mans bloud c. His meaning is that a Judge rather than hee would leave his place of honour and wealth should not give a wrong sentence to shed the bloud of the innocent mans life ought to be more precious than any other worldly thing whatsoever as it is said Ioh 2.4 All that a man hath will he give for his life therefore in this case if there be no superiour Judge to deliver the innocent partie debet priùs dignitatem dimittere c. he should rather give over his dignitie than give sentence against the innocent Tostatus answereth that he should doe well to give over his place unlesse some inconvenience should ensue as in this case there would for infamaret testes he should by this meanes defame the witnesses Contra. 1. But a greater inconvenience would follow if he doe it not both the innocent partie shall be condemned and the Judge commit a great sinne before God 2. Neither is here any inconvenience to be feared at all for by this meanes false witnesses should be detected not defamed for they are worthie of all disgrace and infamie for their falsehood 2. Argum. The Apostle saith Whatsoever is not of faith is sinne Rom. 14.23 But a Judge giving sentence against his knowledge and conscience cannot doe it of faith therefore therein he sinneth Burgens answereth that a Judge in those things which concerne his private person may informe his conscience by his private knowledge but in publicke matters he is to take his information by publicke evidence Contra. True it is if that publicke information be not against the truth which he knoweth in his conscience otherwise he sinneth because his action is not then of faith which rule of the Apostle serveth not onely for private but for publike actions also 3. Si privata persona peccat publica non eximitur c. If a mans private person sinneth his publike is not exempted Thoring This respect of private and publike is before man but the judgement of sinne belongeth unto God A politike humane respect cannot dispense then with a sinne against God 4. To these reasons may bee added that saying of the Wise-man which is most evident Deliver them that are drawne to death and wilt thou not preserve them that are led to be slaine If thou say Behold wee knew not of it he that pondereth the hearts doth not he understand it Here all they are found guiltie before God which doe not deliver the innocent from death if private men negligent herein are condemned much more the publike Judge And this place meeteth with that curious distinction that as he is Judge he knew it not though he knew it as a private man for if he knew it in his conscience and before God it is enough to convince him before him that searcheth the heart 5. And if it were so then a Judge condemning an innocent man