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B03480 Four tracts. I. A short discourse about divorce and its causes, fornication and adultery. II. A charge to judges, juries and witnesses concerning oaths. III. About infant baptism. IV. A letter to a lady, who hath forsaken [t]he Protestant religion for the Romish. / By J. Gailhard, Gent. Gailhard, J. (Jean) 1699 (1699) Wing G121A; ESTC R202025 118,480 174

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Prov 8.11 Because Sentence against an Evil Work is not executed speedily therefore the Heart of the Sons of Men is fully set in them to do Evil. But let such unto themselves apply what the Apostle saith (r) 2 Pet. 2.3 Their Judgment Lingereth not and their Damnation Slumbereth not Thus we proved the Point with clear Evidence out of Scripture Human Laws and strength of Reason which might be more Enlarged upon if Occasion required it This I must add That 't is a sad Case a loud and crying Sin that must need reach up to Heaven when Justice cannot be obtained against neither Adulteress nor Adulterer as if there was a Combination against it to provoke God and Men to the utmost till God's time be come to render it who being most just never fails to do 't when he thinks fit but sometimes when he doth men take no notice of it thô I think it to be one of the chief Causes of the heaviest and most frequent Judgments inflicted upon the Nation for as it is one of if not the most common National Sin and none in Scripture more often nor more strictly Forbidden as most of any contrary to God's holy and pure Nature So those who commit and continue in it must look for the most dreadful and terrible Judgments which God's Justice Anger and Vengeance for the Contempt of his Authority and Breach of his Laws can in this World and in that which is to come pour upon wretched and presumptuous Sinners Besides I would have all Offenders in this kind to know That there is not in the World a Meaner Wretch than the Lewd and Vicious Man who doth the Devil's Drudgery and being a meer Slave to his Passion is thereby put upon the most Indecent Basest Vilest Shameful and most Dangerous Shifts that can be is ever Restless being continually Spurred on by his Lust which first in this World will (s) Hos 4.11 Take away his Heart for Whoredom and Wine do so and except God shews Mercy for want of that Purity which in Relation to Women the Apostle so (t) 1 Tim. 5 ● carefully Commends to his young Disciple shall in the next hurry and deliver him into everlasting Burnings For the Truth and justice of God require that the Fire of Lust wherein they Burned here should hereafter be punished with Eternal Flames For saith the Apostle Them that walk after the Flesh 2 Pet. 2.9.10 in the Lust of Vncleanness God reserveth unto the Day of judgment to be Punished with a Pain Adequate to their Sin FINIS A CHARGE TO Judges Juries Witnesses CONCERNING OATHS HAVING of late been Summoned to give in upon Oath my Evidence in a weighty Business I was at first Amazed and at a stand then moved with just Indignation to hear several Men with a Brazen-face to Swear for Truth that which in my Conscience I knew certainly to be False for I speak only of those Things and Circumstances which come within the Sphere of my certain Knowledge and upon serious Thoughts such prostitute Wretches tho they speak but to one part of a Cause yet they give Men reasonable Grounds of entertaining an Ill Opinion of the whole For no good Cause may be supported by evil and unlawful Means which at last will Discredit Blast and Ruin it In the mean while such Practices of Swearing falsely do bring Dishonour upon God Scandal upon our holy Religion and are a Shame to a Nation and if not as much as 't is possible Suppressed and Prevented God the Judge of the whole Earth will in his due time require it at the Hands of those in whose Power it lieth and whose Duty it is to do 't Wherefore upon so just and necessary an Account I look upon my self as bound to give in my Evidence and I Wish Judges Jury-men and specially Witnesses may so take notice of and mind what I shall say as every one to do their Duty in their respective Stations for herein I shall bear Witness for God as for men And my great Motive why I now commit to Paper these few Lines and Serious Thoughts of mine 't is only to bear Record unto the Truth For (a) 2 Cor. 13.8 I can do nothing against but for the Truth which I think I am called to thorough the Occasion which is the Ground of all this Which to Prosecute I shall make use of both Law and Gospel I Thank God when I appeared in this Business I never but once before had been Summoned to bear Witness upon Oath for I own it I fear an Oath the fewer the better and the least Account one is to give God about these matters for therein Men thô unwillingly and Ignorantly yet thorough want of Memory or some Mistakes are in danger of Failing Wherefore I shall ever avoid as much as I may being brought under an Oath without a just and necessary Cause rashly and hastily to venture upon 't is usually attended with bitter Effects and is the cause of much Evil of Sin as of Punishment from both God and men He that easily and hastily doth Swear will as easily and hastily Forswear for when he makes no Conscience to take an Oath he will make none to break it Neither would I multiply Oaths for many Oaths many Snares To go upon sure Grounds and Explain the matter we must first see upon what Occasion an Oath is taken and what it is because too often thorough the Unrighteousness Malice and Craftiness of False and Self-ended Men Truth is driven into Corners which yet God in his due time and sometimes in an Extraordinary manner will bring to light to the Confusion of the Wicked that would have suppressed it Therefore because one man will not Trust another and that men do suspect the Sincerity and are in the Dark about the Thoughts one of another upon such an account God who alone knows and is the Searcher of the Heart (b) Heb. 4.13 For all things are naked and opened unto the Eyes of him with whom we have to do is called upon to be a Witness of the Truth of that which is in Question and Sworn for (c) chap. 6.16 An Oath for Confirmation to men is saith the Apostle an end of all Strife Not to sow foment and promote it and shelter Villanies under God's most holy and sacred Name for this overthrows the good Ends for which an Oath was intended and perverts Justice and Equity over-turns the whole World and tends to Disorder Confusion and Ruin all Effects of Perjury Now an Oath is a calling of God to Witness for the Confirmation of what we Say or Promise 'T is a Religious and Necessary Confirmation of Things doubtful by calling on God to be a Witness of Truth and a Revenger of Falsehood which last part is much to be taken notice of though many who Swear mind it not and there is a great Reason why God should avenge the Abuse of his Name for if
FOUR TRACTS I. A Short Discourse about Divorce and its Causes Fornication and Adultery II. A Charge to Judges Juries and Witnesses concerning Oaths III. About Infant Baptism IV. A Letter to a Lady who hath forsaken ●he Protestant Religion for the Romish By J. Gailhard Gent. Righteousness exalteth a Nation but sin is a reproach to any People Prov. 14.34 Let none of you imagine evil in your Hearts against his Neighbour and love no false Oath for all these are things that I hate saith the Lord Zechar. 8.17 Wherever I am and whatsoever I do it seems to me as if I heard the voice of the Archangel saying rise ye dead and come to Judgment Bernard Inest sua gratia parvis LONDON Printed for D. Brown at the Black Swan and Bible without Temple-Bar and R. Smith at the Angel and Bible near the May-Pole in the Strand 1699. THE PREFACE TO THE READER THE following Discourses having amidst my most serious Thoughts been Penned at several times and upon different occasions and in this present Conjuncture being like to be useful as 't is every one's duty in his Station to lend a helping hand to pull down that Babel of erroneous Doctrines and of sinful Practises which the Author of Confusion is Building very fast I think it not amiss now to Publish them The First and Second contain Matters of Fact the Third of Faith and the Fourth both of Faith and Fact and as the things therein spoken against do arise out of an evil Principle so they tend to a bad end therefore the more to he minded and opposed As Gods Word speaks of Doctrines so it doth of Works of Devils and th● all of them be bad enough and to be avoided yet therein are divers kinds and degrees of evil for tho' every sin be offensive to God yet 't is not equally destructive of Human Society Any one who in a sober Sense will mind it not simply as a Christian but also as a Man not only according to the Dictates of a good Conscience but also in Conformity to Reason Human Wisdom and Interest shall find the two former things I write against to have been and still to be as fatal and pernicious to Mankind as any other Transgression whatsoever of Divine and Human Laws nor ever have they been more Epidemical in the Nation than now they are Therefore never a greater need than now to punish and suppress them or else if not timely prevented we daily more and more shall feel the mischievous inconveniencies and dangerous Consequences thereof No true Servant of God but in seeing and hearing will vex his Soul from day to day with the unlawful deeds of Men of some for committing Sins of others for refusing to restrain and punish them they not only will do no good but also hinder others from it because they think it will reach them and their own corrupt inclinations hate to be crossed and curb'd Some who might do better in their Station instead of promoting Piety Virtue and Honour as 't is their duty do with all their craft and strength oppose it and thereby proclaim themselves to the World to be vicious and thorough-pac'd Debauchees would ridicule all Sobriety and Temperance and contrary even to worldly Wisdom which saith Si non castè tamen cautè do not so much as care to avoid the appearances or save their credit in the World but glory in their own shame In my opinion it is a stupendious hardness in their vicious courses for tho' sin would leave them yet they are unwilling to part with it the older they grow the worse they are their Natural strength fails them yet their Lust is not mortified and upon all occasions are Enemies to Virtue and by their Discourses and Example influence the younger sort in an Age that can produce but few Josephs if any at all The generality of Youth giddily and headlong running into sin and destruction of several kinds who are glad of any pretences to justify their Practices by and from those that have more age and experience tho' not more Grace than themselves But of two sorts of Sinners young and old I take the last to be the worse of the two 'T is no more strange than true that they are worse than the Prodigal Son who upon consideration at last and before it was too late came to himself for all the while before he had been out of his Wits as is every Sinner that continues in his evil way Nay they are worse than Creatures void of Reason then some Fowls of the Air (a) Jer. 8.7 for the Stork the Turtle the Crane and the Swallow observe the time of their coming but this People knoweth not the Judgement of the Lord. They are a shame to the Nation a Scandal to our Holy Religion and through their unchristian actings and vicious courses cause Gods Enemies to Blaspheme Because they hate to be Reformed themselves they do what they can to hinder others from being Reformed which makes me afraid we are here ripe for Judgment we had a War with a Witness yet after it are as bad as before and now tho' Provisions be not scarce yet we are in a kind of Dearth for they are unreasonably dear may God be pleased to keep it from ending into a Famine which frequent unseasonable Weather gives us just cause to fear or for the same cause from being turn'd into a Plague which God in his just Judgment may send upon us because thorough Repentance suppression of Vice and Immorality we will not return to him tho' he hath called us to 't for when a Land can bear no longer the wickedness of her Inhabitants the Lord thorough War Plague and Famine as thorough so many sluces doth ease it of that burthen and thereby hurries out of this World Man Woman and Child None so desperately wicked but with Balaam would dye well yet there is but one way to 't that is to live well do good within his Sphere to punish and restrain Evil and not countenance and support it as too many directly or indirectly do but what will be the end of this certainly such a bitter Root can produce no other than bitter Fruits but whilst those Men of the World will not obey God's Preceptive those who fear him must submit to his Providential Will. As at this time the Nation labours under the Guilt of Adultery and Perjury so it doth too much under that of Idolatry and Blasphemy Our Church together with all other Protestant ones hath sufficiently made good the charge of Idolatry upon the Romish which we find a sad and frequent Experience of in those Members of hers we have here among us as for Blasphemy it walks bare-fac'd and hath two sorts of Followers one of abominable Monsters lately broke loose against the Son of God whom they after the wicked in the 50th Psalm are not content to think but do say he is altogether such a one as themselves and
most impiously would make the Holy One to have given Example for their execrable wickedness and O wonder such Wretches meet with favour and support The other kind of Blasphemers are those which like the Soldiers who to make our Lord a Mock-King platted a Crown of Thorns and put it upon his Head and put on him a Purple Robe and in derision said hail King of the Jews so these with giving him the name of God but a secondary dependent and created one if without Blasphemy I may so say make of him a Mock-God the Soldiers after his death took his Garments from him but now after his Ascension and sitting at his Fathers Right Hand these would strip him of his Divinity and of that Infinite Majesty of his own which he is cloathed with and if one soberly tells them of this unwarrantable and sacrilegious Attempt of theirs he for his pains is called Furious Mad Frentick c. against which rash Censure and unchristian Judgment our Saviour bath pronounced a Sentence Whosoever shall say to his Brother Raca shall be in danger of the Councel but whosoever shall say thou Fool shall be in danger of Hell Fire but all such Men we leave to the great Judge who one day will call them to an Account for these not meerly Idle but Evil words at that day when the Cause shall not be between Man and Man but between God and Man for all they have said and done A SHORT DISCOURSE ABOUT DIVORCE SINCE the time of the Reformation and may be before the Sin of Uncleanness was never so bold and presumptuous in this Kingdom as after the Restoration Before there was something of Modesty in some of those who Committed it Shame which from the time of our first Parents Trangression became a constant Attender on Sin was not yet altogether parted from it many ●ike (a) Gene 3.10 Adam who hid himself after it did seek dark Corners to satisfy their Lust which is a Work of Darkness by St. Paul expressed under the name of (b) Rom. 13.12 13. Chambering and Wantonness to be cast off But after that King was come back this Sin appeared with a bare Face did Ride on Triumphantly for Rewards were bestowed upon those who had committed it Encouragement given to do 't and to be Accessory in helping others therewith to Defile themselves the Example of Great Men Encouraged it so that it became Epidemical was by both Sexes contracted into an Habit and accounted a modish piece of Galantry People (c) Ephes 4.19 being past feeling began to (d) Philip. 3.19 glory in their Shame and were thought to be Commendable for the Practice of it Thus was the Generality of the Nation over-flown with this mighty Stream and as it were in a way to out-face God to tread Virtue and Chastity under Feet and renew the Times of (e) 2 Sam. 12.12 laying with other mens Wives in the face of the Sun And since the Time we named that filthy Sin is so far Spread and hath taken so deep Roots that as the Prophet saith (f) Jer. 5.8 Every one is neighing after his Neighbour's Wife and London is become such as Jerusalem and Samaria are Described by the Prophet g Eze. 16. the whole chapt and the Whoredoms of some Women no less conspicuous then those of (h) chap. 23. Aholah and Aholibah which the same Prophet speaks of more at large And thô the number of such be much multiplied yet some make themselves more Notorious than others and they are grown the bolder because no Effectual Course is taken to Curb them a Toleration and Indulgence having made them more Brazen-faced Impunity being an Encouragement to commit Crimes which those who are in Authority whose Duty and in whose Power it is to Restrain it become Accessory to and Guilty of and are to Answer to God as they should to men for the ill Effects and Consequences arising therefrom Magistrates cannot pretend Ignorance of this either as to matter of Right or of Fact As Englishmen they must take notice of the Laws and cause them to be put in Execution but as Christians they know or ought to know how often and in what Stile the Word of God both in the Old and New Testaments speaks of it which they are concerned to mind and not to wink at and 't will not be amiss for me here in part to mention it i Ex. 20.14 Thou shalt not commit Adultery is as express a Commandment as any in the Word and one of the Ten whereof the breakers do incur the Curse of the Law Two Things we ought to take Notice of First That when the Law of God forbids a Sin all of the same kind are also forbidden as in this not only Adultery but also Fornication Incest c. Secondly The Negative or Forbidding Precepts are of a larger Extent than the Positive these bind semper non ad semper but the Negative oblige always and at all times As for Instance I am Commanded to Love my Neighbour and to (k) Gal. 6.10 do him Good that is as far as I am Able and when there is Occasion and Opportunity for I may happen to have no Means to Relieve a man in Want at another time he shall want no Relief but at no time and upon no Occasion whatsoever I am bound to do him no Wrong nor Injury So upon no time nor occasion whatsoever I must not allow my self in Thoughts Words or Deeds for the Law requires an Inward as well as Outward Obedience to Defile my self or attempt upon the Honour and Chastity of my Neighbour And God the more to make us mindful to avoid the foul Sin of Adultery is not Satisfied to Forbid it in the Seventh Commandment but doth repeat it in the Tenth Thou shalt not Covet thy Neighbour's Wife The Seventh Precept was full Enough but in the Tenth over and above God expresly Forbiddeth the inward Desire Lust and Concupiscence and every inward motion in the Soul contrary to Chastity Thus God who is a pure and a holy God hath Commanded us in all manner of Conversation to (l) 1 Pet. 1.15 16. be Holy as He is Holy Now that Whoredom and Adultery must needs be Abominable Sins it appears because God compares Idolatry to 't and Idolatry is to us represented under the Names of Whoredom and Adultery Scripture doth Thunder terrible Curses against this Sin they who are guilty of it are excluded from Heaven and from entering in through the Gates into new Jerusalem (m) Rev. 22.14 15. for without are Dogs and Sorcerers and Whoremongers c. who are threatned of a Judgment which imports Condemnation (n) Heb. 13.4 but Whoremongers and Adulterers God will Judge and because often men are apt to Flatter themselves with Hopes of avoiding that Judgment the Apostle saith (o) 1 Cor. 6.9 10. be not deceived neither Fornicators nor Idolaters nor Adulterers nor Effeminate c.
with Ignominy and restrain Wickedness and Infamy No Wise and Good Man will deny it to be the Duty as it ought to be the necessary Care of Magistrates first with Severity to Punish Whoredom and Adultery as well as Theft and Robbery for to Rob me of my Honour and of my Wife is to Rob me of my own Goods Next they are to see that Marriages be Lawfully contracted then that they be faithfully kept And lastly That upon Just Cause they be Lawfully Dissolved and leave granted again to Marry at least to the Injured Party For God never intended in Marriage to give a man a perpetual Torment instead of a Meet Help neither doth God approve that to the Breach and Violation of this Holy Contract which happeneth when Love ceaseth Murther should be added which is when Hatred doth succeed Love for (c) 1 John 3.15 Whosoever Hateth his Brother is a murtherer I think it unnecessary for me to bring any more Evidences upon this matter out of the Civil Law ●or out of the Writings of our Protestant Divines They that have a mind to be more at large Informed concerning the Point of Divorce let them pe●use what that Famous Divine Bucer hath Written ●n his Second Book of the Kingdom of Christ Dedi●ated to Edward the 6th and therein they may find Cause of Satisfaction as ground of Information Good Counsel he gave that Young Prince so Zeal●us for the Glory of God that well he might have ●een compared to good King Josiah if God had ●een pleased to continue him a longer Life And ●ere again I must say that which cannot too often ●e Inculcated how certainly 't is every Prince's Duty ●ithin all his Dominions to Discourage Discountetenance Restrain and Punish all Vices especially the Sins of Uncleanness in general and of Adultery in particular to prevent the sad Effects thereof which so much Dishonour God and cause Disorders and Confusions in Families On the contrary nothing maketh us so like unto God as Holiness wherein chiefly his Image in us doth consist which that filthy Sin is so contrary to Holiness saith David becomes thine House Psal 93.5 O Lord for ever To come nearer our Constitutions I shall add out of the Book of the Reformation of Ecclesiastical Laws first began by Order of Henry 8th and continued under Edward 6th In the Chapter of Adultery and Divorce we find these Words in the Original Turpitudo tam horribilis adulteriorum est u● aperte decalogi praecepto confossa sit c. Whereof the Sense in English is thus Cap. 1 fol. 47. The filthiness of Adulterie is so horrible as to be plainly condemned in one of the ten Commandments and according the Old Mosaical Laws● the Guilty was Punished with being publickly Stoned 〈◊〉 Death by the People and also according to the Civil Law was put to death Wherefore our Ecclesiastical Judge● ought most grievously and severely to Punish a thing s● odious unto God and on which our holy Ancestors inflicted special Pains and Punishments Hence it is plain how according unto the Laws of God given by the Ministery of Moses by the Practice of our forme good and just Kings even before the time of Reformation and since the Beginning of it in the day of Henry 8th and Edward 6th according to our Ecclesiastical Laws the abominable Sin of Adultery may not be spared which would prove an Encouragement to commit it but ought smartly and without mercy here among us to be Punished Now to go on we come to matters of Fact a● of Right before the Civil Power When Magstrates know the Transgression of Divine and Huma● Laws in relation to Adultery they are bound 〈◊〉 take notice of and use a course to prevent sto●● and punish it Death was and still in some place is inflicted on the Adulteress but 't is a great mi●igation to reduce it only to a Divorce By 〈◊〉 general Consent of all Nations which by the Law 〈◊〉 Nature might know how Sacred a thing Marria●● is not to be broken upon every slight Ground however in some certain Cases of which Adultery ever was one they all allowed of it● Romulus made a Law that it should never be Lawful for a Wife to leave her Husband but to him permitted to leave his Wife in some cases as of Adultery Witchcraft c. So that our Christian Magistrates if they will not make themselves worse than Heathens when a Husband is a Sufferer by the Injustice done him by his Wife and becomes a Plaintiff there ought to be a readiness in those concerned to hear his Cause to examine the Grounds and at last to do him Justice And this regardeth not only that sort of Magistrates that are intrusted only with the Executive part to see it done but also those in whom resides the Legislative Power to see that Laws be executed and also if Occasion and the Necessity of the Case requires it to make new ones Would to God Magistrates would take such effectual Care to Punish the Guilty in this kind according to Divine and Human Laws that no place might be left for Disputes and Questions The Adulteress is not worthy of Compassion only of Torments and Pains chiefly when she hath made unto her self an habit of that Sin and no man may have the Charity for the Guilty as to wish her not to be Accused for Adultery is a publick Crime which for it self and Terrour to others ought publickly to be Punished and Discountenanced And herein after private Admonitions proved useless to Dissemble is not praise worthy as some do fancy for this Vice introduceth Disorders into Families Scandals into the Church and Confusions into the State 'T is easy out of Antient and Modern History to Evidence how Fornication and Adultery have been the cause of the Overthrow of great Empires of Calamities to Potent Nations of the Ruin of great Persons and of very considerable Families Abimelech King of Gerar a Philistine who having nothing to do with the Covenant wanted the true fear of God yet how do●● he reprove Isaac as if in this kind he had laid a Snare against him and his People for saying his Wife was his Sister (a) Gen. 26 9 10 11. What is this thou hast done unto us One of the People might lightly have lien with thy Wife and thou shouldest have brought Guiltiness upon us And Abimelech charged all his People saying he that toucheth this Man or his Wife shall surely be put to Death This was to secure both Isaac's Life and Rebeckah's Honour which last they would hardly have attempted upon but after the destruction of the first In Egypt Pharoah's words (b) Gen. 12. to Abram were to the same purpose upon the like Occasion So sensible they were how they ought not to meddle with another man's Wife as long as her Husband is alive and this was the Ground of Israel's fear for his Life thô thereby his Wife's Honour was the more
In Judgment 3ly In Righteousness To these Three Conditions are opposed False Rash and unjust Oaths It is a Duty incumbent upon every one that takes an Oath to Swear in Truth that is truly and nothing but what is according to Truth not abusing God●● Name to attest an Untruth the words of our Oaths if minded are full and comprehensive to swear the Truth nothing but the Truth and the whole Truth that is to the best of my Remembrance Now Truth is a Divine Thing which is asserted by Oath whe● in the Dark There is a Truth of the thing spoke● of when we speak according as the thing is indeed or as near as possibly it can be and herein sometimes by reason of human weakness the whole Truth doth not come out for we do not always know things a● they are But there is also the Truth of the Mind that is one Swears as in his Mind and Conscience● he is perswaded of the thing this must always Necessarily be in the Oath or else there is Perjury in the Case Now Truth relateth either to Divine things or to Human To the former when we entertain and have right Notions and Thoughts due and reverend Expressions of things immediately belonging to God as his Nature Attributes Works and Word The Truth required in regard to Human Things is either in common Society and Dealings between Man and Man or else in publick Judgments in Courts of Judicature which concerns the Judges upon the Bench fairly to Sum up Evidences and impartially to direct the Jury 2ly This Concerns the Jury-men not to receive any Prejudices or suffer themselves to be Byassed or Bribed nor to stand too much upon this that any of them will agree with the rest rather then to be Pinch'd or Suffer in being lock'd up very long when in their Conscience they are Convinced that most of the rest are in the Wrong an Honest Man will say I have rather to be Starved though there be hardly once in Seven Years any such Dilemma than to go against my own judgment and Conscience which when thus wounded will at one time or other rise and fly in their Faces 3ly This regard's the Plaintiff who is to promote his just Cause by Fair and Lawful Ways without False Accusations Subornation or such unwarrantable Practises 4thly The Defendant who in his own Defence must forbear using any malicious and unjust Means and make use of none but such as are according to Truth Law and Reason 5ly The Evidences are concerned whose Duty 't is with bearing true Witness to help and relieve their Neighbour in his just Cause when 't is in danger of being Oppressed And here I would have all Parties from the Judges to the Witnesses to mind that there is a great Day of Judgment a coming when all indifferently shall stand at the Bar to give God an Account of every Idle Word much more of every False and Unjust Judgment Evidence or other Sinful Dealing when the Secrets of all Men shall be made manifest and Mens own Consciences shall be Witnesses against themselves their own Judges and Tormentors and let them know how God ever is among them though in an invisible way and sees hears and sets down upon Record their false and unjust Dealings for (a) Prov. 15 3. the Eyes of the Lord for whom they judge and bear Witness are in every place beholding the Evil and the Good and (b) Zechar. 4.10 these Eyes of the Lord do run to and fro through the whole Earth So that he leaves not himself without Witness And the Qualification of those who are to judge the People whether under the Name of Judge or Jury are plainly set down in God's Word they must be (c) Exod. 18.21 Able Men such as fear God men of Truth hating Covetousness But we must return to Truth and somewhat longer insist upon it the Importance thereof is made out First By the many positive and reiterated Commands of God for us to Practise it in every thing we say or do Secondly Because God doth so often and so expresly Forbid us the Practise of the Vice contrary unto that heavenly Vertue namely to Lie for as Truth is the Daughter of God so a Lie is the Child of the Devil and often God in one and the same place doth Command one and Forbid the other God's great Commandment is that we should speak the Truth Love Follow and (d) 2 John 4. 3 John 3. 1 John 2.21 Walk in the Truth God is the God of Truth nay Truth it self and no Lie is of the Truth (e) John 1.17 Truth came by Jesus Christ and he himself (f) ch 14.6 is the Truth and (g) ch 18.37 For this cause he came into the World that he should bear witness unto the Truth The necessary Qualification for one to ●e admitted and abide in his Tabernacle is (h) Psal. 15.2 3. To speak the Truth in his Heart not to back-bite with his Tongue nor to take up a Reproach against his Neighbour See how Heart and Tongue are concern'd in matter of Truth to the same purpose the Psalmist says 24.3 4. Who shall stand in the Lord 's holy place he that hath not Sworn Deceitfully c. So that by the Rule of Contraries he that speaketh not the Truth in his Heart shall not abide in his Tabernacle nor he that hath Sworn deceitfully in his holy place This is the Mark by David given of an upright Man but the Character of the Wicked is that he speaks Lies For the Wicked are Estranged from the Womb they go astray assoon as they be Born speaking Lyes Psalm 58.3 but (i) Psal. 96.13 God shall Judge the World with Righteousness and the People with his Truth Here is the Pattern for men to Judge by as God doth with Righteousness and with Truth 'T is said of the Messiah the Lord Jesus (k) Isa. 42.3 He shall bring forth Judgement unto Truth Here is a Precedent for you O ye Judges of the Earth Judges Jury-men and Witnesses lay hand upon your Conscience and see whether there be not a just Cause to renew the Prophet's Complaint (l) Jerem. 9.5 They will deceive every one his Neighbour and will not speak the Truth they have taught their Tongue to speak Lies and they delight in Lies Psal 62.4 Another Prophet saith (m) Isa 59.15.4 Truth faileth and have we not a most just cause to complain of it and None calleth for Justice yea some call for 't but cannot obtain it Nor any pleadeth for Truth and though they do 't is to little or no purpose for they Trust in Vanity and speak Lies at least they Believe it I am much afraid that (n) 2 Thess 2.11 God hath sent a strong Delusion that men should Believe a Lie and many too Hear of a glorious Promise (o) Zacha. 8.3 Jerusalem shall be called a City of Truth Would to God we could say
Perjury is when God is called upon for a Witness to an Untruth which the Prophet speaks of (c) Isai 48.1 Hear ye this O House of Jacob which Swear by the Name of the Lord and make mention of the God of Israel but not in Truth nor in Righteousness And 't is Perjury either when one Sweareth that to be true which he thinks or knows to be False or that to be False which he thinks or knows to be True or else when he Swears to do that which he doth not intend to perform or afterwards upon Second Thoughts and for some Wordly Considerations thô he at first intended yet breaks his Oath and Promise this is expresly Forbidden (d) Lev. 19.12 Ye shall not Swear by my Name falsly neither shalt thou Prophane the Name of thy God A Crime so odious unto him as the contrary Vertue is so acceptable that for the sake of those that are endued therewith God forbears inflicting his Punishments upon Cities and Nations these ●stand in the Breach when God is ready to break in we have his Word for it (e) Jer. 5.1 Run ye to and fro thorough the Streets of Jerusalem and see now and know and seek in the broad Places thereof if ye can find a Man ●f there be any that executeth Judgment thak seeketh the Truth and I will pardon it Judges are Sworn to judge according to Law and to do Justice and Witnesses to Swear the Truth yet saith God there (f) verse 2. Though they say the Lord liveth surely they Swear falsly Would to God that was not so True as 't is here But now there is as much Cause as ever for God to Expostulate among other things (g) chap. 7.9 Will ye Swear Falsly So then Perjury is a False Swearing or a known or imagined Untruth Confirmed by Oath with De●eit which was either Purposed and Intended before the Oath was made or Resolved on afterwards which ●oth contain Two Things First the Matter which ●s an Untruth and the Manner that gives Being ●o't a false Oath with a Design and against Knowledge Now there is a Logical Untruth when we ●o not speak as the Thing is or when our Speech ●oth not agree with the Truth of the thing There ●s a Moral Untruth when our Speech agrees not ●ith our Mind that is when we Speak not as we Think or Know and this last chiefly makes the wilful ●nd malicious Perjury for one being imposed upon ●r-mistaken may happen to Swear an Untruth which ●e believes to be a Truth and so it may be called a ●ash and Prophane Oath yet not strict Perjury because the Speech agrees with the Mind though not ●ith the Truth of the thing And thus though a ●an Swears that which is False yet may not strictly ●e said to Swear Falsely because without a Design ●o Deceive However though herein the Sin be the ●ast yet still a Sin it is that from men deserves Pu●ishment by reason of the Evil Consequences for ●ometimes a Man's Life and Fortune may happen ●hereby to lay at Stake besides that this is the way namely fear of Punishment to make men more Cautious how and what they Swear 't is the ready and proper way to speak in David's words (h) Psal 63.11 to have The Mouth of them that speak Lies to be stopped And this is the more to be minded that in such Cases the Cause is not only between Man and Man between the Subject and the King whose Office is to punish the Guilty but chiefly between God and Men whose Holy Name is thereby abused for the end of Perjury whether Assertory or Promissory is Falsehood and Deceit If Vain Swearing be a Sin much more False Swearing Several Questions are put about matters of Oaths which here I shall not meddle with because not t● my purpose as whether unlawful or unpossible Oath are Binding which I conclude for the Negative and whether violent and extorted which I declare for the Affirmative if only they import a Wordly Cause and no detriment to God's Glory for which (i) Psal 15.4 David is my Security nor to other man's Rights Of all Sins Perjury is one of the most grievous and abominable and he that commits it is not Satisfied to make himself a Lyar but also must proclaim himself to be such with a Witness To ca● the God of Truth to be a Witness to a Lie which no Man of Honour could endure of himself is to ca●● and in as much as in one lyes to make God a Lya● like himself which is the highest degree of Blasphem● for [k] Tit. 1.2 God cannot Lie this is to Rob him of h● Truth one of his most Essential Attributes which he is so tender of and to deprive him of his Nature for take away Truth from God and he cease●● to be God for his true Character and Mark 〈◊〉 Distinction from all is to be the True GOD. And if God himself [l] Exod. 19.26 Heb. 12.18 upon the Mount amidst Lightning Thunder Fire a Cloud Blackness Darkness and Tempest with the Voice of a Trumpet exceeding loud declared he will not hold him Guiltle● that taketh his Name in Vain that is he will no● leave them Unpunished what will he not do to him who in the highest degree doth thorough Perjury Prophane it seeing he Thunders such a Threatning against the least degree thereof And 't is observable that the Word in the Original in Vain which in the Chaldaick Syriack and Arabick is rendered Falsely with a Lie Precipitently or Rashly signifies the Breach of that Commandment in the least Degree But we are to take a special Notice of the dreadful Penalty contained in the reason annexed to the Commandment that God will not leave this Sin unpunished that he will not justify cleanse and expiate according to the Expressions of the other Languages we named but just now And this is the only Precept whereunto such a Threatning is annexed to shew how detestable that Sin is in the sight of God this is (m) 1 Kings 2.9 David's Expression when he gave Solomon charge about Shimei hold him not Guiltless that is Punish him So as to Perjury though men neglect to Punish it yet as to the Sinner he shall not escape his just and fearful Judgment for as the Sin is Grievous so God will Grievously punish it And if taking his Name in Vain by abusing it in every Trifle is to meet with so severe a Judgment as we said before so I say again what will it be and how heavy when that Holy Name is by some men Impiously made use of to Confirm their Lies In that Third Commandment by the Name of God are understood his Nature Attributes Works Word and all Divine Perfections whereby God hath made himself known unto us As we are Forbidden to Abuse so are we Commanded to make a Right Use thereof which consists in the inward Frame and Religious Disposition of our
ought to have a care that that which is intended for his glory be not turned to his dishonour as 't is a most wicked impiety when Men swear falsely by God's Name so 't is a sinful compliance and unpardonable neglect for those whose duty 't is to punish such crimes not to do it for God is deprived of his Nature and of his Truth when he is made or suffered to be made an Wittnes to and approver of a lie whereby his glorious Name is most abominably prophaned Perjury and False Swearing which as it was the occasion so 't is the chief subject of the present discourse is of so high a concernment that of the Ten Commandements it takes up no less then two for as in the Third we are forbidden to take the Name of God in vain so in the Ninth we are prohibited to bear False Wittness against our Neighbour See how both these God's Honour and our Neighbour's Safety are twisted together for as thereby such men sin against God so they extreamly wrong their Neighbour which is contrary to that rule of Justice contained in our Saviours Sermon upon the Mount all (q) Mat. 7.12 things whatsoever ye would that men should do to you do ye even so to them for this is the Law and the Prophets Now certainly no Man would have another to Swear him falsely out of his good Name Liberty Fortune and Life therefore they should not do so to others But this People care neither for the Law nor the Prophets nor for Jesus Christ or God himself if False Swearing against and wronging our Neighbour in private be forbidden much more in publick in a Solemn way under notion of Justice and in Courts of Judicature whereby every thing a Man hath is laid at Stake Poor (r) 1 Kings 21.10 13. Naboth by two False Wittnesses who are well and properly called Sons of Belial was Sworn not only out of his Vineyard but also out of his Life for indeed one who is a False Wittness to Swear another out of his Estate will make no difficulty to Swear him out of his Life If there had been no False Wittness the High Priest Scribes and Pharisees had wanted a pretence to accuse our Blessed Saviour which to compass (Å¿) Mat. 26.59 they sought for false Wittnesses and therein found an occasion to put him to death according to the Prophecy long before [t] Psal 35.11 False Wittnesses did rise up they laid to my charge things that I knew not as David had also said before [u] Psal 27.12 False witnesses are risen up against me This generation of Men were of all Ages as old as the Devil their Father who from the beginning was a Liar and is the [w] Job 1.6 7. Rev. 12.10 slanderer and false accuser of God's People as we see it in the case of Job Certainly God will avenge himself and Men for that wherein they are so abominably wronged in every thing belonging to them even in the Mind and Judgment of some who thorough false swearing are imposed upon for the perjured Man doth cheat and deceive seduce and impose upon Reason it self both to the Ruin of private men and overthrowing of whole Nations for not only some privave men but also the publick doth suffer Some Jews do write how when upon Mount Sinai the Tables were given as soon as the Law against Perjury was pronounced the whole World was shaken as if this had been the most important of all If Men would but read and consult Scriptures thereby to be guided and make God's Word their rule there would not be so much cause in the World to complain as there is about this matter They might read how positive how clear and how full it is thereupon They might find therein grounds enough to be disswaded from it the hainousness of the Sin that ends in blasphemy its Character of those who commit it namely God's Enemies [x] Psal 139.20 Thine Enemies take thy Name in vain the Curse they undergo the punishment they must expect and so many more such Circumstances which attend that sin How many in the World that make no Conscience at all to swallow down an Oath who know not mind not and care not for the bitter Consequences thereof a hundred to one are such for there are more wicked then good and honest Men and this thing our Juries should seriously consider of and weigh more then number Evidences Though there be some in the World who like the unrighteous Judge fear neither God nor Man or if they do rather Man then God yet these few things I shall lay before those who happen to read these lines and may be concerned in what I say we have to do with a just and true God who seeth heareth and remembereth all and will call us all to an account for what we think speak and do for after Death follows Judgment we all must certainly die the time when we know not for we have no certain lease of our lives all our days are in God's hand So a Forsworn Man may happen to go out of this World with a False Oath in his mouth and thus appear before God to receive his private Judgment and then O fool though thorough Perjury thou shouldest gain the whole World what profit is it for thee if it be with the loss of thy Soul (y) Deut. 5.24 Chap. 9.3 Heb. 12.24 For the Lord our God is a consuming fire and a jealous God of his Name of his Honour and of his Truth naked such as it is without painting or disguising how beautiful is it in it self unstained 't is an Attribute so Essential and so acceptable to God as belongs to the Nature and to the Three Persons the God of Truth Christ the Truth the Spirit of Truth and that excellent Truth so much commended by St John in his 2d and 3d. Epistles The Law (z) Tim. 1.9 10. saith Scripture is made for liars for perjured persons and the worst sort of Men so according to this Law they shall be judged in the mean time God in his word doth not simply forbid the crimes of Lying and perjury but thunders Threatnings against those who commit them 't is said (a) Mat. 5.33 Exod 20.7 Levit. 19.12 Deut. 15.21 Thou shalt not forswear thy self and ye shall not swear by my Name falsely and among other grievous things for which God calls people in question this is one (b) Jer. 7.9 Will ye swear falsely and if to convince those that are such you want Evidences I will help you to some without exception for (c) Mal. 3.5 I will come near to you to Judgment and I will be a swift Wittness against false Swearers and he will himself Judge not only false Wittnesses but also corrupt Judges and Juries Take notice of a Temporal judgment upon this account (d) Zech. 5.3 4. I will bring forth saith the Lord of hosts a Curse into the
house of him that sweareth falsely by my Name and it shall remain in the midst of his house and shall consume it with the Timber thereof and the Stones thereof This is Lightning Thunderbolt and fire from Heaven and I doubt we have here too much cause with the Prophet to say because of Swearing Cursing and Forswearing (e) Jer. 23.10 the land mourneth This is one of our Loud and Epidemical Sins which hath ●rought upon us the many Judgments we labour ●nder As God hath said he will be a Wittness against False Swearers so he hath declared he will be Judge too (f) Psal 9.8 God shall Judge the World in Righteousness he shall minister judgment to the People in uprightness 'T is as if he had said I will be a just Judge And thus with Abraham we may say (g) Gen. 18.21 Shall not the judge of all the Earth do Right Now if God judge● in Justice without Mercy who can stand in Judgment (h) Rom. 2.2 We are sure saith the Apostle that the judgment of God is according to truth against the● which commit such things as are named in the latter end of the foregoing Chapter amongst whom are Covenant breakers that is perjured persons and such others as make no Conscience of their ways and changed the truth of God into a lie (i) Isai 1.23.24 Therefore saith the Lord the Lord of hosts the mighty one of Israel Ah I will ease my self of mine Adversaries and avenge me of mine Enemies But who are those Adversaries who are those Enemies in the foregoing verse they are thus described Every one loveth gifts and followeth after rewards they Judge not the Fatherless neither doth the Cause of the Widow come unto them These are their Sins these Things they Commit and Omit therefore upon them will I visit their Injustices whether they be Witnesses in Swearing Falsely or Judges in perverting Judgment The Great Day of the General Assizes of the World is coming on when we all Judges Juries Witnesses Plaintiffs and Defendants must stand at the Bar and then God shall want no Witnesses but the Guilty Mens Consciences which now are Asleep and Seared with a hot Iron will Awake be Quickned and fly into their Faces and be as a Thousand Witnesses to Convict as many Judges to Condemn and as a Thousand Executioners to Torment them the Devil himself who is here a Seducer will then be an Informer and Accuser Now we are assured that (k) Acts 17.31 God hath appointed a Day in the which he will Judge the World in Righteousness by the Man whom he hath Ordained Such a Man as is God also that knows all things and needeth not that any one should t●ll him what is in Man for he searcheth the Heart and tryeth the Reins and this God-Man Judge of the World is named elsewhere (l) 2 Cor. 5.10 and Rom. 14.10 For we must all appear before the Judgment-seat of Christ that every one may receive the things done in his Body according to that he hath done whether it be Good or Evil called (m) Jude 6 the Judgment of the great Day though many wish there was no Judgment Day yet 't is such a Truth as they may not deny and the Thoughts thereof should make all wicked Men to Tremble if they be not worse and more hardned than (n) Acts 24 25. Felix an Heathen was who Trembled when Paul reasoned of Judgment to come And now let first the Judges hear their Charge what is their Duty here and what shall be Required of them hereafter I mean not only the Judges upon the Bench but also the Juries whose Verdict is the Sentence and only in point of Law are guided by the Judges The Thing ought to answer the Name 't is called Verdict quasi Verum Dictum therefore let it not be Falsum Dictum a False and Unjust Sentence thorough Seduction of the Judgment or Bribery for Judges such as indeed they are ought not to be influenced by any corrupt Practises whether Judges upon the Bench or Jury-men in the Court (o) Psal 2.10 Therefore be Instructed Ye Judges of the Earth which is a Charge by David's Pen given by the Judge of all the Earth And hear what saith upon the matter the great Law-giver under God I mean Moses (p) Deut. 1.16 17. And I charged your Judges at that time saying Hear the Causes between your Brethren and Judge righteously between every Man and his Brother and the Stranger that is with him Ye shall not Respect Persons in Judgment but ye shall Hear the Small as the Great You shall not be afraid of the Face of Man for the Judgment is God's Herein they were told of the Duty of their Office first to hear which must neither de denyed nor delayed and according to what they hear they are bound to judge justly whether between Jew and Jew or between Jew and a Stranger for Justice ought equally and impartially to be render'd unto all without any Byass or Regard of Persons in Judgment whether Friends or Enemies Relations or Strangers Great or Small Poor or Rich and because some men are often apt to be dazled and influenced by the greatness and wordly Advantage of others either out of Interest Love or Fear here Judge● are charged not to mind any such thing nor to suffer themselves to be wrought upon by any such outward Advantages and wordly Considerations and the Reason is given in the Text For the Judgment is God's and not Man's The Heathens in their Hieroglyphicks represented Justice one of the Four Moral Cardinal or chief Vertues by the Figure of a Woman Blindfolded and holding Scales in her Hand the first to signify she ought not to look upon or see any thing in the Parties to Byass her Judgment the second that the justice of the Cause without any regard to the Person must decide the Dispute and both to require an Impariality in the Judge always looking on God as present with them (q) Psal 82 1 For God Judgeth among the gods In Jetro's Prudent Advice to Moses about Judges he mentioneth Four Qualifications required in all that are in such a station (r) Exod. 18.21 Able Men such as fear God men of Truth hating Covetousness First Men endued with Knowledge and Understanding which are natural Parts necessary for those that are in such places for else how can they that want judgment in themselves be competent Judges over others The Understanding is the Light of the Soul whereby it must be guided and which without it lyes in Darkness wherefore it concerns those that appoint Judges to make choice of such as God hath fitted for the place and given them Endowments proper for it But this is not enough all Natural Gifts are defective without Grace therefore the Heart of Judges should be Sanctified with the Fear of God This ought to direct their Knowledge and here must be the Ground
a comparison and shews the difference between the true and the false Witness sometimes with joyning them together in the same verse as thus (a) Prov. 12.17 He that speaketh truth sheweth righteousness but a false wittness deceit One is a just man the other a deceiver Again (b) Chap. 14.5 A faithful wittness will not lie hut a false wittness will utter lies At other times he speaks of them disjointly and separatly that we may the better know whom to trust and value and whom not out of that contrariety opposition and antipathy which is between them (c) v. 25. thus A true wittness delivereth souls from Trouble Vexation and Oppression which the false one doth promote and encourage for the deceitful speaketh lies [d] Chap. 19.28 an ungodly wittness scorneth judgment both Justice and Punishment but a godly wittness makes Conscience of an Oath and of all his ways and saith with David [e] Psal 119.120 My flesh trembleth for fear of thee and I am afraid of thy Judgments Because Men are apt enough to follow evil Examples and to do as they see others do to swim as we use to say with the stream as if for company sake to do as many others could justify at least excuse our faults God to prevent such an unsound notion and hinder that pernicious practise hath declared his mind thus (f) Exod. 23.2 Neither shalt thou speak in a cause to decline after many to wrest judgment this in the beginning of the same verse he forbiddeth and calls it to follow a multitude to do evil But to make an end of this part of my Discourse I can shew home the foulness and detestableness of this Sin no better then with adding what Solomon saith (g) Prov. 6.16 17 18 19. Among the six things which the Lord doth hate and the Seven that are an Abomination unto him they are almost if not all reduced to this wicked Sin for a lying Tongue is one of them a false witness that speaks Lies is another and I think that under them are also to be found hands that shed Innocent blood which a lying Tongue also doth an heart that deviseth wicked Imaginations feet that be swift in running to mischief and him that soweth discord among brethren Which all do arise out of the same Spring We have spoken of the Distemper now we must come to the Remedy As the corruption of human Nature is such that most Men will not out of a Principle of Love do Good nor forbear doing Evil therefore what Love cannot do Fear must Oderunt peccare boni Virtutis amore oderunt peccare mali formidine paenae Good men hate Sin because they love Virtue but bad men avoid it for fear of being punished wherefore a Law is necessary as a Curb for as the Sanctions thereof do promise Rewards to ●hose that keep it so they threaten with Punishment ●he breakers thereof and this is the way to restrain ●nd keep them in aw Law and Sin are relatives ●or if there was no Law there would be no Sin ●or (h) 1 John 3.4 Sin is the Transgression of the Law and (i) Rom. 3.20 By ●●e Law is the knowledge of Sin and (k) Chap. 4.15 Where no ●aw is there is no Transgression on the other side 〈◊〉 there was no Sin there would be no need of Law (l) Gal. 3.19 for The Law was added because of Transgressions ●or saith the Apostle (m) 1 Tim. 1.9 The Law is not made for 〈◊〉 Righteous man but for the Lawless and disobedient Wherefore God to restrain this most wicked Sin of Perjury hath made Laws and appointed against it Temporal and Bodily as well as Spiritual and Eternal Punishments or else as Impunity is an encouragement ●o commit Crimes without these Temporal Punishments there would be no living in the world for the Wicked do little mind Eternal Pains 't is Fear of the Present that works upon them if any thing can for this reason there are in the Word of God heavy ●udgments threatned against the Wicked in this kind ●ot only in the Third Commandment as we already observed but in other places too (n) Prov 19 5. A False Witness shall not be Vnpunished and he that speaketh Lies shall not escape To tell Lies is very bad but to tell ●t in God's Name is worst of all For thus A Nomine Domini incipit omne Malum God threatned it with Sword and Famine and in his due time brought it to pass (o) Jerem. 5 12. They have belyed the Lord saith the Prophet and said it is not he neither shall Evil come upon us neither shall we see Sword nor Famine Thus flattering themselves in their vain and carnal Security but hear what is added (p) v. 15.16 17 Lo I will bring a Nation upon you from far O House of Israel saith the Lord it is a mighty Nation it is an antient Nation whose Language thou knowest not c. they shall eat up thine Harvest and thy Bread which thy Sons and thy Daughters should eat c. These were the Chaldeans who in time did the Work when they Besieged Took and Destroyed Jerusalem To this same Purpose but more generally speaks another Prophet and this judgment to be by Fire (q) Zech. 5.4 that shall consume Timber and Stones as it had befalle● the City which was Burnt and one of the Reasons o● this judgments was as there expressed for Swearing falsly by his name Upon the same Ground the Prophet quoted just before 2 Chron. 36.13 threatneth the Ruin of Jerusalem which happened in Zedekiah's days who had forsworn himself for 't is observed that when (r) Ezek. 17 13. Nebuchadanezar did set him upon the Throne he made hi● Swear by God which Oath he broke and Perjured himself which Perjury how odiously taken by God we may see it in the Prophet speaking of the K of Babylon hath made a Covenant with him v. 15 16. and hath taken an Oath of him but he despised the Oath and brake the Covenant But saith God Shall he escape that doth such things or Shall he break the Covenant and be delivered No saith the Lord seeing he despised the Oath by breaking the Covenant when he had given his hand and hath done all these things he shall not escape v. 18. As it was justly Avenged on him And this very Oath Sworn to an Infidel because in God's Name God calls it his Oath and with a strong Asseveration threatneth a Punishment for it Therefore thus saith the Lord God as I Live surely mine 〈◊〉 that he hath despised and my Covenant that he hath broken v. 18. even it will I recompence upon his own Head All was executed and he heavily Punished for it God to avenge the prophaning of his Holy Name doth punish not only private Persons and Families but also Kings and Kingdoms wherefore all are concerned in the Punishment thereof and