Quest. VI. May a rich man make use of his friends and purse in a just cause, to bear down or tire out a poor man that hath a bad cause?
Answ. Not by bribery or any evil means; for his proceeding must be just as well as his cause. But if it be an obstinate knave that setteth himself to do hurt to others, it is lawful to make use of the favour of a righteous judge or magistrate against him; and it is lawful to humble him by the length and expensiveness of the suit, when that is the fittest means, and no unjust action is done in it; still supposing that scandal prohibit it not. But let no proud or cruel person think, that therefore they may by purse, and friends, and tedious law-suits oppress the innocent, to attain their own unrighteous wills.
Quest. VII. May one use such forms in law-suits as in the literal sense are gross untruths (in declarations, answers, or the like)?
Answ. The use of words is to express the mind; and common use is the interpreter of them: if they are such words as the notorious common use hath put another sense on, than the literal one, they must be taken in the sense which public use hath put upon them. And if that public sense be true or false, accordingly they may or may not be used.
Quest. VIII. May a guilty person plead not guilty, or deny the fact?
Answ. Common use is the interpreter of words. If the common use of those words doth make their public sense a lie, it may not be done. But if the forensic common use of their denial is taken to signify no more but this, Let him that accuseth me, prove it; I am not bound to accuse myself, or, In foro I am not guilty till it be proved; then it is lawful to plead Not guilty, and deny the fact, except in cases wherein you are bound to an open confession, or in which the scandal will do more hurt than the denial will do good.
Quest. IX. Is a man ever bound to accuse himself, and seek justice against himself?
Answ. 1. In many cases a man is bound to punish himself; as when the law against swearing, cursing, or the like, must give the poor a certain mulct which is the penalty, he ought to give that money himself; and in cases where it is a necessary cure to himself, and in any case where the public good requireth it: as if a magistrate offend, whom none else will punish, or who is the judge in his own cause; he should so far punish himself as is necessary to the suppression of sin, and to the preserving of the honour of the laws; as I have heard of a justice that swore twenty oaths, and paid his twenty shillings for it. 2. A man may be bound in such a divine vengeance or judgment as seeketh after his particular sin, to offer himself to do a sacrifice to justice, to stop the judgment; as Jonah and Achan did. 3. A man may be bound to confess his guilt and offer himself to justice to save the innocent, who is falsely accused and condemned for his crime. 4. But in ordinary cases a man is not bound to be his own public accuser or executioner.
Quest. X. May a witness voluntarily speak that truth which he knoweth will further an unrighteous cause, and be made use of to oppress the innocent?
Answ. He may not do it as a confederate in that intention: nor may he do it when he knoweth that it will tend to such an event, (though threatened or commanded,) except when some weightier accident doth preponderate for the doing it, (as the avoiding of a greater hurt to others, than it will bring on the oppressed, &c.)