Quest. XI. May a witness conceal some part of the truth?
Answ. Not when he sweareth to deliver the whole truth; nor when a good cause is like to suffer, or a bad cause be furthered by the concealment; nor when he is under any other obligation to reveal the whole.
Quest. XII. Must a judge and jury proceed secundum allegata et probata, according to evidence and proof, when they know the witness to be false, and the truth to be contrary to the testimony; but are not able to evince it?
Answ. Distinguish between the negative and the positive part of the verdict or sentence: in the negative they must go according to the evidence and testimonies, unless the law of the land leave the case to their private knowledge. As for example, they must not sentence a thief or murderer to be punished upon their secret unproved knowledge: they must not adjudge either monies or lands to the true owner from another, without sufficient evidence and proof: they must forbear doing justice, because they are not called to it, nor enabled. But positively they may do no injustice upon any evidence or witness against their own knowledge of the truth: as they may not upon known false witness, give away a man's lands or money, or condemn the innocent; but must in such a case renounce the office; the judge must come off the bench, and the jury protest that they will not meddle, or give any verdict (whatever come of it); because God and the law of nature prohibit their injustice.
Object. It is the law that doth it, and not we.
Answ. It is the law and you; and the law cannot justify your agency in any unrighteous sentence. The case is plain and past dispute.
Tit. 2. Directions against Contentious Suits, False-witnessing, and Oppressive Judgment.
Direct. I. The first cure for all these sins, is to know the intrinsic evil of them. Good thoughts of sin are its life and strength. When it is well known, it will be hated; and when it is hated, it is so far cured.
I. The evil of contentious and unjust law-suits.
1. Such contentious suits do show the power of selfishness in the sinner; how much self-interest is inordinately esteemed. 2. They show the excessive love of the world; how much men overvalue the things which they contend for. 3. They show men's want of love to their neighbours; how little they regard another man's interest in comparison of their own. 4. They show how little such men care for the public good, which is maintained by the concord and love of neighbours. 5. Such contentions are powerful engines of the devil to destroy all christian love on both sides; and to stir up mutual enmity and wrath; and so to involve men in a course of sin, by further uncharitableness and injuries, both in heart, and word, and deed. 6. Poor men are hereby robbed of their necessary maintenance, and their innocent families subjected to distress. 7. Unconscionable lawyers and court officers, who live upon the people's sins, are hereby maintained, encouraged, and kept up. 8. Laws and courts of justice are perverted to do men wrong, which were made to right them. 9. And the offender declareth how little sense he hath of the authority or love of God, and how little sense of the grace of our Redeemer; and how far he is from being himself forgiven through the blood of Christ, who can no better forgive another.