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A36086 A Discourse concerning prophane swearing and cursing ... 1697 (1697) Wing D1582; ESTC R12263 27,509 42

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complains of being wrong'd cou'd no way know who his Accuser is and were debarr'd from the priviledg both of defending his Innocence and prosecuting the Accuser But I suppose there is no such thing practis'd For no Justices of the Peace deny any person the knowledg of the Informer's Name if the person accus'd insist upon his Innocence and engage to prosecute the Informer for Perjury in what he has swore against him But if the person accus'd desire to know the Informer's Name upon any other Terms 'T is reasonable to suppose that he desires it only to have the opportunity of Executing his private Revenge upon him At least there is no just Cause to discover the Informer's Name unless the accused person solemnly declare and if required do it upon Oath that he knows the Information to be false and in that case I suppose no Justice of Peace will conceal the Informer's Name nor any honest Informer desire it Others object That this method of private Informations exposes a Man to the malice of any who will but venture to perjure themselves to do him a mischief And it seems to give Encouragment to such malice when persons may hope to give in false Informations undiscover'd Answ 'T is not reasonable to suppose that any Man will perjure himself in order to the convicting another when he can thereby do him so very little Injury And this is the more unlikely ever to happen when such a false Informer runs so great hazard of being found guilty of perjury and being severely punish't for it For there is no Man that is conscious of his own Innocence but wou'd prosecute such a perjur'd person to the utmost and if he engage to do so he may know his Name If it be reply'd That if a false Informer positively persist in his Accusation and the person accus'd have no Witness or other Evidence to oppose thereto he seems left without Remedy To this I need only answer this Objection concerns the Act it self and not this particular manner of executing it The Law-makers for the more effectual suppression of these Vices have made the Information upon Oath of one witness sufficient to convict an Offender because they suppos'd no man wou'd falsly upon Oath accuse another of such a Crime that has no hope to reap any advantage from the Penalty Especially when a perjur'd Informer runs so great hazard of being detected as will in all probability deter him from this dangerous way of executing so poor a Revenge since his Perjury can expose the accused person to very small dammage in comparison of the Punishment he runs the risk of if the Accuser shou'd clear his Innocence Others object That this way of clandestine Informations is very unfair and dishonourable 'T is like slabbing a man behind his back Whereas the Informer shou'd in civility first caution the Offender and try what a gentle admonition will do before he use this rougher method of reforming him At least he shou'd have the courage to avow what he dos and not do it in so sneaking and clandestine a way Answ 1. If the Informer be well acquainted with the Offendor it may be very advisable first to try this gentler way of Admonition and Reproof 2. But as this Act is chiefly design'd for the reclaiming of Common Swearers and 't is those generally that fall under the Lash of it so it may be reasonably presum'd that such are past the hope of being reform'd by meer good Advice and are sensible of no other Argument but what touches their Interest And the Law gives e'm sufficient warning of the danger they run in respect of that by these crimes 3. 'T is not because Informers are asham'd of what they do that they desire to pass undiscover'd but because they wou'd obviate several Inconveniences that such discovery of their Names wou'd occasion to the real disadvantage of the Act it self as well as to their own particular prejudice Of which I shall have occasion to make some mention in what follows And as I can discern no solid weight in these Objections against concealing the Informers Name so on the other hand 't is undenyably evident that this method is every way most conducive to attain the design of the Act by the entire suppression of these abominable Vices For 1. This method will greatly encourage those to give in Informations who are truly acted therein by meer Zeal for the honour of Almighty God and the Interest of true Piety For as such will be very careful to give in none but true Informations of which the accused persons may easily upon reflexion be conscious to themselves so they will be under no Temptation to be disheartned from their duty by the fear of Revenge or ill will when they know that those they accuse cannot learn their Names without obliging themselves to prosecute them for Perjury which they may well suppose they 'l never attempt when incapable of proving it 2. The discovery of the Informer's Name will be attended with great Inconveniences to him to the obstructing the design of the Act without any real considerable advantage to the Party accused If the Informer's Name be constantly discover'd he is thereby needlesly expos'd to the Malice and Revenge of the Offender to whom he intends thereby a real service So that in all probability he will make the most of those he convicts his Enemys however he do truly herein act the part of a sincere Friend to them And no doubt the prospect of this will greatly discourage many from doing their duty and render others too slack and cold in it And if once Informations be discourag'd The Terror of the penalty will be over and the Act gradually lose it's force and these Insolent sinners as daringly outbrave the Law of Man as they have hitherto done the Law of God So that we may soon expect that these pernicious vices will like a Torrent that has broke down a weak Digue return upon us with a more irresistible violence And these Inconveniences to the Informer are attended with no real considerable advantage to the Accused Party unless we take it for an advantage that by discouraging Informations these Offenders may sin with greater hope of Impunity Which is the very mischief which the Act is design'd to obviate For if the Information be true what is the Offender the better for knowing who gives it He may thereby indeed understand whom to level his spite against Or he may know whose company he shou'd shun or stand on his guard in and so prevent a new Conviction by taking care to swear only in such company where he may do it safely But if the Information be false the person accused is not deny'd the satisfaction of knowing whom to prosecute as perjur'd for giving it if he will engage to do it I shall only add that I hope what I have here suggested will not tempt the Swearers and Cursers of the Age to conclude that if this method of private Informations were lay'd aside they shou'd go unpunisht For I doubt not they will find so many inspir'd with Zeal in so just a Cause as will soon convince them these Vices shall not escape the penalty of the Law for want of open Informations However some timorous and lukewarm persons may decline their duty there are others that are more justly afraid of being accessary to their guilt by concealing it and conniving at it Upon the whole If now both Magistrates and private persons wou'd but heartily join their Endeavours the latter by faithfully giving and the former by prudent encouraging and countenancing Informations We may hope to see these crying Impietys of the Age effectually suppress't that have been so long the scandal and bane of our holy Religion and the fruitful source of our publick Calamity's Whereas if Magistrates discourage and frown upon Informers and their Zeal decline in giving Evidence against Offenders we may justly fear these hainous provocations will revive and rise to as desperate a height as ever and in despite of the Law reign as uncontrol'd as before And what can we reasonably conclude from thence but that such renewed profanation of the holy Name and defiance of the terrible Justice of Almighty God will draw down heavyer Judgments upon us then we have yet felt For the Justice of God will not always be out dar'd by the Wickedness of Men. But if they are incorrigible in Sinning he will be inexorable in Punishing For to apply to our selves the remarkable words of that pious Reformer Ezra 9.13 14. If after all that is come upon us for our evil deeds and our great trespass wherein God has yet punish't us far less then our Iniquitys deserv'd and after so glorious a deliverance as this we shou'd again break his commands What cou'd we look for but that a righteous God wou'd be angry with us till he have consum'd us so that there shou'd be no remnant nor escaping For in this case our publick sins wou'd be attended with two of the highest aggravations we can well conceive an Insolent Contempt of God's terrible Judgments and the vilest ingratitude for as remarkable Favours as were ever bestow'd by Heaven upon an unworthy People FINIS