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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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an offence However either practice hath an impure stamp a destructive effect it is the varyed artifice of sin and Satan Isaiah's sacred Rhetorick disswades from each d Seek judgement sift out the equity of a cause abett no unjust quarrell relieve the oppressed be his director his Counsellor judge the fatherlesse plead for the widdow Their desolate condition when injured is most to be vindicated succoured The same Prophet recordeth a woe for them e that justifie plead for the wicked for a reward Though it hath past as a traditionall conjecturall opinion that the damned rich man in the Gospell was an Advocate and that he was most tortured enflamed in that member wherein he had most transgressed that the punishment might be proportion'd to the guilt yet I shall not seek light out of a cloud for the manifestation of this injustice nor strain a proof out of a parable to excite the detestation of it The restraint of it is written by the Apostle as in a sun-beam f have no fellowship with the fruitlesse works of darknesse Subtle pleadings are too grosse interminglings too manifest blendings with covert trespasses with mysteries of iniquities Oecumenius glosseth every branch of wickednesse to be a work of darknesse in the Apostles phrase To communicate with such is not onely to cooperate but either to counsell or to countenance to connive to conceal The antithesis the opposition expressed undenyably clears it but rather reprove them {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} denotes a discovery not a disguise a rebuke not a defence If to be seconds and combatants in unjust civill quarells be not to be partakers of other mens offences to swerve from to violate the Apostles rule I must confesse I understand not what is Said I to partake It is to exceed to improve to outstrip their offences by a further start of unholy proficiency S. Paul having recited a catalogue of miscreants he summes up all They not onely do the same but have pleasure in them that do them They associate themselves according to the Syriac are linkt with entertained interested advantaged by those that do them are Advocates in their behalf so Beza and Erasmus interpret it so Theophylact expounds it by {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} they plead for those that do them This is an aggravation beyond the horrour of the act for to evade the last earthly refuge of injury to elude the solemn redresse of justice The offence argued for may be a sudden passion a surprizall but the arguing it self is a deliberate design The one may be a private injury the other is a publick injustice a more eminent sin and scandall This is for to hide an unseemly scar or wen in another mans face and to discover a worse blemish a wound an ulcer in ones own The first commission of a Clients wrongfull fact in an unjust cause entitles him a Delinquent but the additionall justification by pleading tempts him to be impenitent wherein the finer the varnish is of the Counsellor the fouler is his sin This is no temper of a Nathaniel an Israelite indeed in whom is no guile Nor yet may the integrity of the heart be alledged notwithstanding the Sophistry of the tongue By thy words thou shalt be justifyed and by thy words thou shalt be condemned However this is not to copy out the pattern of our Redeemer In whose mouth there was found no guile It is an Hebraism There was no guile to be found If the nice subtlety of indirect pleading be not intended to be effectuall it is to deceive the Client if it be intended to be effectuall it is to deceive the Iury or the Iudge thereby to injure the innocent party at least in the purpose the endeavour of the Counsellor Either edge of the dilemma is a sharp fallacy to his own conscience to beguile himself though for a while it appeareth not it pierceth not The spreading practice of this injustice unhappily escapes in most a resentment of it's guilt But a multitude of offenders is no security for an offence before the Divine awfull Tribunall Hereby God is most enraged and man most depraved the face being rescued from a blush without the heart from a sting within The Stoick tutours us better Divinity not to trace mens steps but Gods rules not to steer by other vessells but the starres not to regulate our courses by examples but precepts not to regard what the most numerous or famous of a profession doe but what they ought to doe It is Gods strict indispensable prohibition Thou shalt not follow a multitude to do evil neither shalt thou speak in a cause to decline after many to wrest judgement The fairest glosse imaginable for false colours plausible pretences in unjust pleadings is an officious lye which though recorded in Scripture in the Historicall passages of some eminent Saints yet it is very rarely recited it is as a frailty to be eschewed not as a duty to be imitated The Primitive Christians would not allow not employ this unholy engine in the fiercest persecution for a preservative of their own lives much lesse of the fortunes the liberties of others S. Austin copiously disproves vigorously condemns it A gracious intention cannot warrant an ungracious action He that doth evill that good may come of it his condemnation is just To offer this Apology is to act Apelles part to present the injustice of pleading as that Painter did Antigonus with half a face one part of the countenance discovered being a comely amiable aspect an officious serene eye towards the Client but the other part of the visage concealed looks a squint and casts a pernicious glance on the opposite party Nor yet is the spell of profit a sufficient inducement a warrant for the injustice of pleading Could every cause procure a shower of gold Iupiter's boon to Danae could your purchases your mannors be multiplyed faster then your fees had you a Kingdome for a garden a sea for a fish-pond could you engrosse the clouds the Sun-beams to dispose each drop of rain and ray of light at your own rate and pleasure yet what shall it profit a man if he gain the whole world and loose his own soul In your languishing gasping condition your own consciences will resolve the question put out of all question It will nothing profit and being thus resolved the determination is a Meiosis an extenuation it will not be his profit but his dammage his bane An indirect transitory gain smooths the passage to a direct forfeiture of blisse a perpetuity of misery What shall a man give in exchange for his soul what recompence what truck shall he have for his soul as the word imports Money is the ordinary unholy rate for it Yet since the whole world is not to be ballanced with it what folly what phrensy is it to prostitute a precious inestimable soul