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CASE OF CONSCIENCE.
Whether a guilty Malefactor ought to Answer to the lawful Demands of his Judge. Affirmatur,
Because, 1. He cannot deny a Truth whereof he is himself Convicted, without Lying; nor can he deny, or any way detract from his Duty of Answering (be∣ing demanded by a superiour and lawful Power,) without being likewise guilty of Contumacy and sad Inobedience.
2. A Malefactor, who is condemned already in foro Conscientiae, cannot, without remorse deny, nor in∣deed wave or conceal his Confession (when he is Ju∣ridice demanded) without giving offence to the glory of God, as it was in the Case of Achan, Josh. 7.19.
3 The publick Good which is intended by the lawful de∣mands of the Judge, ought not to be frustrated (Give me leave to speak conscienciously) by the private e∣vasions of the Criminal.
4. The Person guilty, not pleading, may be supposed to die for his Crime of Contumacy, not the Fact which requires satisfaction in this life.
5. All humane Policy, when repugnant to the manife∣station of Justice, legal Procedure, and the Convi∣ctions of a tender, though doubtful Conscience, is al∣together unallowable.