vent our irregular hear or to give credit to every trifling Assertion in our common Conversation Nay even when we do not make any explicit Appeal to God 't is yet a real pollution of his glorious and adorable Name when we rashly toss it in our Mouths for no other purpose then to signify some foolish Wonder or express some idle Passion or applaud some vain Jest Thus O Lord and O God are common in the Mouths of many when they serve to no other end but to fill up an empty gap in their ordinary Discourse Secondly For the sin of profane Cursing the notion of it is more plain and obvious 'T is indeed true that if we take Cursing in a large sense we cannot absolutely condemn it as sinful For 1. If we give the Name of Curses to all those Denunciations of the Vengeance of God against Sinners which are utter'd by a prophetick Spirit There is no doubt of the lawfulness of such Curses And indeed 't is highly probable that many of those expressions which occur in the Psalms and which our Translation makes to be Imprecations are no other then predictions of those Evils to the Churches Enemies which the Spirit of God dictated to the Inspired Penmen And the Original dos much favour this supposition those expressions being usually not in the Imperative Mood but in the Future Tense of the Indicative and may be more properly rendred Mine Enemies shall be confounded then let them be so 2. All Cursing is not Vnlawful that dos imply the wishing some kind of Evil to others For doubtless we may in reference to the Enemies of the true Religion and indeed to all wicked and mischievous persons without the least violation of the great Law of Charity wish disappointment in their pernicious Designs and Enterprizes and the shame and confusion that such frustration of their attempts will occasion Nay in any case of publick Contests wherein the interest of true Religion or of important civil Right is concern'd we may lawfully wish and pray for success to those who espouse the just and righteous side of the Cause against those that wou'd either subvert the true Religion or invade and oppress the civil Rights of others Nay this seems consistent with Charity whether such Persecutors and Oppressors be supposed incorrigible or not For if incorrigible their overthrow is a very desirable publick Blessing And if corrigible their ill success is the most likely means to convince and reform e'm as their prosperous one would be to harden e'm And to the one or other of these Heads we may reduce all these Imprecations against their Enemies that the Penmen of the Psalms use without supposing any thing in e'm contrary to the meek and forgiving disposition which the Law of Christ so positively enjoyns There are indeed some Curses us'd by good men in Scripture that do not belong to these Heads Such as those of Job and of Jeremy chiefly level'd against the day of their birth Job 3. Jer. 20. But then I think we are under no obligation to justify them They seem rather mention'd for our caution as instances of human Infirmity of too great impatience and discontent under the pressure of their present afflictions The Cursing then which the Scriptures condemn and which this Act of Parliament refers to implies such rash Wishes of Evil to others or our selves which we utter either in our passion or from a Spirit of malice and revenge or from a meer pleasure in such hellish Language And it falls under the notion of profane Cursing as we either directly and expressly or by just construction sollicit the Vengeance of God for the infliction of such mischiefs on others or our selves And the greater the mischiefs are which we thus rashly imprecate and the more eminently the Justice of God is concern'd in the execution of e'm the higher is the degree of profaneness So that the common Expressions with Cursers now use when they call on God to damn themselves or others contain the most horrid guilt that this Sin can easily admit of And truly that other phrase falls little short of it by which Men so often give themselves or others to the Devil who is consider'd in such wretched Imprecations as the Executioner of Divine Justice Having stated the general notion of profane Swearing and Cursing I come now to offer a few Arguments to dissuade men from the practice of them And those shall be drawn from the Express prohibition of these Sins from the intrinsick Evil and pernicious tendency of them from the Threatnings of God denounc't against them and from the weakness and folly of the pretences alledg'd to excuse or extenuate them First I begin with the express prohibition of these Vices Thus for common Swearing that this is prohibited by the Law of God can be doubted by none that one the divine authority of the Holy Scriptures If we suppose with the generality of Expositors that our Saviour's Sermon in the Mount gives us an Interpretation of rather then an addition to the precepts of the Decalogue there is no question but common swearing is one instance of taking God's Holy Name in vain forbidden in the Third Command But none ever pretended to deny that our Saviour here forbids all such Common Swearing when he so strictly charges us not to Swear at all when he enjoyns that our Communication be Yea Yea Nay Nay and adds this reason of it For whatsoever is more than these comes of evil See Matth. 5. from vers 34. to 38. For he delivers this charge in opposition to the Jewish Doctors whom themselves thought swearing by the Name of God in their ordinary converse unlawful but made greater allowance for what they accounted smaller Oaths as swearing by Creatures without any express appeal to God or mention of him And since our Lord condemns all lesser Oaths in common Converse he must in all reason be understood much more to forbid all common swearing by the Name of God And 't is evident that the Apostle James so understood these words of our Saviour when he delivers the like prohibition in so peremptory and comprehensive Expressions But above all things my Brethren swear not neither by Heaven nor by Earth neither by any other Oath But let your Yea be Yea and your Nay be Nay c. James 5.12 So that no man can doubt of common swearing being a plain violation of the Law of Christ And 't is such a one as is manifestly wilful Every man can easily forbear if he please to speak irreverently of his Earthly Prince and sure he may as easily forbear to trat with the like bold irreverence the sacred Name of the Sovereign Majesty of Heaven Nor is rash Cursing less evidently forbidden Thus we are charg'd by the Ap. Paul Bless and Curse not Rom. 12.14 And sure if we were allow'd to curse any it shou'd be those that are our unreasonable and malicious Enemies But we must be so far from
Neuter and think himself unconcern'd which prevails Such a clear Cause requires and will justify our forward Zeal and here lukewarmness and indifferency are truly detestable 2. Without your Endeavours the design of this Law viz the suppressing these Vices is like to be frustrated and the guilt thereof will in this case lye much upon your selves For without Informations there can be no Convictions and Forfeitures and consequently Offenders will go on in bold defiance both to the Laws of God and Man So that if you shrink and give back If you desist from your Endeavours from the consideration of the small trouble and hazard of them the declining Cause of Profaneness will again bear up it's head and endanger the overflowing the Land with a more irresistible violence then it did before You have now the fairest opportunity put into your hands of promoting a publick Reformation so that if you emprove it not the guilt of other men's sin will be in a great measure charg'd upon you And will you that have so often seem'd to pray so earnestly for the suppression of these Vices decline so necessary endeavours to farther it Shall so glorious and so blessed a work sink thro your lukewarmness and indifferency in it Do you pretend to lament these abominable crimes and will you not do what is so evidently in your power towards the crushing of them Shall the lend Swearers of the Age be more Zealous to profane then you to keep up the Reverence of God's Holy Name 3. There is a happy prospect of success in your Endeavours For if once Informations become general by every good man's combining to do his part Offenders will have no hope of Impunity And Experience dos already sufficiently tell us that how fond soever men are of Swearing yet they are loth to pay for it so that we may hope in time they 'l rather part with their Oaths then with their Money Nay we see that how insolent soever these sinners seem in outhraving the Justice of God yet they are wonderfully appal'd and hang down their heads when a Constable surprizes them with a Warrant upon a second or third Conviction And how much soever they were wont to glory in this vice they do not take it for any great honour to have their Names on publick record in the black Roll. In this Capital City Oaths are in a great measure silenc't in the streets and seek shelter in the Taverns and Ale-houses nor are they altogether safe there So that if you will but generally concur with unanimous zeal in giving in Informations there is little doubt but the fear of the penalty will with the most effect what no other Arguments cou'd hitherto do And I hope your attempts in this City will set a Pattern that will in a little time influence other parts of the Kingdom and make the Reformation Vniversal 4. You have no ground to be either asham'd or afraid in so necessary and commendable a service to God and to the Interest of Religion In this honourable Cause that Name of an Informer which in most other cases has justly so ill a sound is far from being any mark of Reproach For Offenders themselves if they wou'd speak impartially cannot but own your practice to be free from any suspicion of mean and base ends For what shou'd incite a man without the least prospect of any advantage to himself nay with a certain prospect of some trouble and danger to do so unwelcome an Office and so likely to disoblige those whom he wou'd reform but a sincere Zeal for the honour of God and for the Observance of his Laws They cannot reasonably suppose you are acted with any other Spite and Malice then a very just and laudable one against Profaneness and Irreligion Nay shou'd those you inform against be so unreasonable as to misinterpret and censure your Zeal sure the Approbation of the great God and of all good men shou'd sufficiently counterballance their groundless Reproaches and Calumnys And it will be found in the great day of Trial a greater honour to have been a faithful Informer against Vice then a base Conniver at it and a wretched Betrayer of the honour of God and Religion Nor shou'd you be discourag'd by the hazard you run of exposing your selves to the malice or revenge of Offenders If Magistrates wou'd but as generaly encourage Informations by refusing to discover the Informers name without just cause as some sew to their great honour have done this difficulty wou'd be in a great measure remov'd But however that be you have the protection of the Laws as a security against the injuries of any enrag'd Offenders and I doubt not the Government wou'd punish e'm with a just severity But 't is a far more considerable encouragement that you may expect the protection of the great God whose Cause you herein so signally espouse And shou'd your Zeal for his honour expose you to any present disadvantage he can easily make it up in temporal Blessings and will do it abundantly with eternal Rewards And sure we are not the real Disciples of Christ if every appearance of difficulties can deter us from so evident a duty if we dare baulk so signal a piece of service meerly because we cannot do it without some self denyal and hazard And if upon such Considerations you resolve upon the faithful discharge of your Duty it will be easy to find out the most proper method of doing it There are many in this City engag'd in that excellent work to whom you may adjoyn your selves And indeed if every Parish had stated and select Consults they might carry on this great and pious design with greater regularity order and success by their mutual advice and resolution It remains now III. To enquire into the grounds of those loud Complaints lately made against private Informations 'T is evident That the Act against Swearing dos no way require that the Offender shou'd be present when the Information is given against him Nor dos any Clause in it oblige the Justices of the Peace to discover the Informer's Name when the Offender dos not dispute the matter of fact So that there is no pretence of this method of receiving private Informations upon Oath and concealing the Informer's Name when there 's no just cause of declaring it being any way opposite to the design of this Act and 't is evident on the contrary that it highly tends to promote the great end of it But since there are several Objections rais'd against it I shall briefly consider the most material I have yet met with 1. Some alledg That 't is contrary to natural Justice and Equity and to the course of the Law in other cases that a man shou'd be convicted and punisht for a Crime without having his Accuser brought face to face at least without so much as knowing who he is Answ This Objection cou'd indeed admit of no Reply if the Accused person even when he
complains of being wrong'd cou'd no way know who his Accuser is and were debarr'd from the priviledg both of defending his Innocence and prosecuting the Accuser But I suppose there is no such thing practis'd For no Justices of the Peace deny any person the knowledg of the Informer's Name if the person accus'd insist upon his Innocence and engage to prosecute the Informer for Perjury in what he has swore against him But if the person accus'd desire to know the Informer's Name upon any other Terms 'T is reasonable to suppose that he desires it only to have the opportunity of Executing his private Revenge upon him At least there is no just Cause to discover the Informer's Name unless the accused person solemnly declare and if required do it upon Oath that he knows the Information to be false and in that case I suppose no Justice of Peace will conceal the Informer's Name nor any honest Informer desire it Others object That this method of private Informations exposes a Man to the malice of any who will but venture to perjure themselves to do him a mischief And it seems to give Encouragment to such malice when persons may hope to give in false Informations undiscover'd Answ 'T is not reasonable to suppose that any Man will perjure himself in order to the convicting another when he can thereby do him so very little Injury And this is the more unlikely ever to happen when such a false Informer runs so great hazard of being found guilty of perjury and being severely punish't for it For there is no Man that is conscious of his own Innocence but wou'd prosecute such a perjur'd person to the utmost and if he engage to do so he may know his Name If it be reply'd That if a false Informer positively persist in his Accusation and the person accus'd have no Witness or other Evidence to oppose thereto he seems left without Remedy To this I need only answer this Objection concerns the Act it self and not this particular manner of executing it The Law-makers for the more effectual suppression of these Vices have made the Information upon Oath of one witness sufficient to convict an Offender because they suppos'd no man wou'd falsly upon Oath accuse another of such a Crime that has no hope to reap any advantage from the Penalty Especially when a perjur'd Informer runs so great hazard of being detected as will in all probability deter him from this dangerous way of executing so poor a Revenge since his Perjury can expose the accused person to very small dammage in comparison of the Punishment he runs the risk of if the Accuser shou'd clear his Innocence Others object That this way of clandestine Informations is very unfair and dishonourable 'T is like slabbing a man behind his back Whereas the Informer shou'd in civility first caution the Offender and try what a gentle admonition will do before he use this rougher method of reforming him At least he shou'd have the courage to avow what he dos and not do it in so sneaking and clandestine a way Answ 1. If the Informer be well acquainted with the Offendor it may be very advisable first to try this gentler way of Admonition and Reproof 2. But as this Act is chiefly design'd for the reclaiming of Common Swearers and 't is those generally that fall under the Lash of it so it may be reasonably presum'd that such are past the hope of being reform'd by meer good Advice and are sensible of no other Argument but what touches their Interest And the Law gives e'm sufficient warning of the danger they run in respect of that by these crimes 3. 'T is not because Informers are asham'd of what they do that they desire to pass undiscover'd but because they wou'd obviate several Inconveniences that such discovery of their Names wou'd occasion to the real disadvantage of the Act it self as well as to their own particular prejudice Of which I shall have occasion to make some mention in what follows And as I can discern no solid weight in these Objections against concealing the Informers Name so on the other hand 't is undenyably evident that this method is every way most conducive to attain the design of the Act by the entire suppression of these abominable Vices For 1. This method will greatly encourage those to give in Informations who are truly acted therein by meer Zeal for the honour of Almighty God and the Interest of true Piety For as such will be very careful to give in none but true Informations of which the accused persons may easily upon reflexion be conscious to themselves so they will be under no Temptation to be disheartned from their duty by the fear of Revenge or ill will when they know that those they accuse cannot learn their Names without obliging themselves to prosecute them for Perjury which they may well suppose they 'l never attempt when incapable of proving it 2. The discovery of the Informer's Name will be attended with great Inconveniences to him to the obstructing the design of the Act without any real considerable advantage to the Party accused If the Informer's Name be constantly discover'd he is thereby needlesly expos'd to the Malice and Revenge of the Offender to whom he intends thereby a real service So that in all probability he will make the most of those he convicts his Enemys however he do truly herein act the part of a sincere Friend to them And no doubt the prospect of this will greatly discourage many from doing their duty and render others too slack and cold in it And if once Informations be discourag'd The Terror of the penalty will be over and the Act gradually lose it's force and these Insolent sinners as daringly outbrave the Law of Man as they have hitherto done the Law of God So that we may soon expect that these pernicious vices will like a Torrent that has broke down a weak Digue return upon us with a more irresistible violence And these Inconveniences to the Informer are attended with no real considerable advantage to the Accused Party unless we take it for an advantage that by discouraging Informations these Offenders may sin with greater hope of Impunity Which is the very mischief which the Act is design'd to obviate For if the Information be true what is the Offender the better for knowing who gives it He may thereby indeed understand whom to level his spite against Or he may know whose company he shou'd shun or stand on his guard in and so prevent a new Conviction by taking care to swear only in such company where he may do it safely But if the Information be false the person accused is not deny'd the satisfaction of knowing whom to prosecute as perjur'd for giving it if he will engage to do it I shall only add that I hope what I have here suggested will not tempt the Swearers and Cursers of the Age to conclude that if this method of private Informations were lay'd aside they shou'd go unpunisht For I doubt not they will find so many inspir'd with Zeal in so just a Cause as will soon convince them these Vices shall not escape the penalty of the Law for want of open Informations However some timorous and lukewarm persons may decline their duty there are others that are more justly afraid of being accessary to their guilt by concealing it and conniving at it Upon the whole If now both Magistrates and private persons wou'd but heartily join their Endeavours the latter by faithfully giving and the former by prudent encouraging and countenancing Informations We may hope to see these crying Impietys of the Age effectually suppress't that have been so long the scandal and bane of our holy Religion and the fruitful source of our publick Calamity's Whereas if Magistrates discourage and frown upon Informers and their Zeal decline in giving Evidence against Offenders we may justly fear these hainous provocations will revive and rise to as desperate a height as ever and in despite of the Law reign as uncontrol'd as before And what can we reasonably conclude from thence but that such renewed profanation of the holy Name and defiance of the terrible Justice of Almighty God will draw down heavyer Judgments upon us then we have yet felt For the Justice of God will not always be out dar'd by the Wickedness of Men. But if they are incorrigible in Sinning he will be inexorable in Punishing For to apply to our selves the remarkable words of that pious Reformer Ezra 9.13 14. If after all that is come upon us for our evil deeds and our great trespass wherein God has yet punish't us far less then our Iniquitys deserv'd and after so glorious a deliverance as this we shou'd again break his commands What cou'd we look for but that a righteous God wou'd be angry with us till he have consum'd us so that there shou'd be no remnant nor escaping For in this case our publick sins wou'd be attended with two of the highest aggravations we can well conceive an Insolent Contempt of God's terrible Judgments and the vilest ingratitude for as remarkable Favours as were ever bestow'd by Heaven upon an unworthy People FINIS