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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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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
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
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
the sight of God whose Law makes no Distinction of Sexes the Sin be equally Damnable yet as to Penalties Laws are made to put a Difference a greater Curb ought to lye upon the Woman as the weakest Vessel and so sometimes more apt to miscarry in Matrimonial Duties but chiefly because that greater Inconveniences are brought into Families thorough Woman's Failing in this then of Man's As to Men there is a great Difference and this Sin is attended with more dangerous Consequences on the Wife 's than on the Husband's side if a man gets a Child by an Harlot that Child shall not succeed in the Estate but if the Wife hath a Child by a stranger then strange Blood is brought into the Family to Defraud and Rob the true Heirs of their Right This Corruption of Blood appears too much in some great Families when the Pure Blood is stained with Base and Vile Hence it may be that we see many who go for Sons of Great and Wise Men who want common Sense and Reason either out of some Natural Cause or of some Particular Judgment of God to Punish the Unfaithfulness of some Wives or Neglect and want of Care in Husbands to prevent their Wives miscarriages in that kind We see our Laws have in the Case of Life and Death made a Difference in the Punishment to be inflicted If the Husband kills his Wife he is to be Hanged when if the Wife killeth her Husband she is to be Burned the Husband is the Head and the Offence against the Head is more severely to be Punished and as 't is so in matter of Life so it ought to be in point of Honour And the common Opinion and Experience of the World teaches how let the Husband be as Naught Debauched and Profligate as can be if the Wife be but Honest and Vertuous her Husband's miscarriage will not Reflect upon her but the miscarriages of the Wife are imputed to the Husband because 't is his Duty and Interest and hath Right by all Lawful and Reasonable Courses to hinder it Now what this Lawful Course is here I say it After a Husband hath given his Wife gentle and repeated Warnings to mind her of her Duty as to avoid the Company of such Persons as he hath cause to suspect and which he doth not like and the Wife doth not mend but goes on in her way and contrary to that which every honest woman will do she holds Corespondence with such as her Husband dislikes she having so far forgotten her Honour and Duty he ought to mind his and Remedies to reclaim her proving useless he may Sue for a Divorce which was the Antient way yet not upon so slight Grounds as practised of Old but upon such as God's Word allows of namely the the case of Adultery Julius Caesar upon putting away his Wife would say Caesar's House must be free from Suspicion as from Guilt So a man ought to provide for both his Capacities the one according to the Rank and Station he is in which he is to keep up and not to neglect else he will make himself Contemptible and lay Stains upon his Family the other is as a Christian he ought to purge his House of Wickedness to remove Evil out of it the Head of a Family is in Honour and Conscience bound to restrain in 't all Evil Courses whether of Servants Children or Wife or else he Sinneth in suffering that Evil which he can and 't is his Duty to prevent and will pass for a Man void of all sense of Honour and who cares not a Straw for his Reputation Such a Man ought to be ashamed to live thô I am not for making good Solomon's Saying (h) Prov. 6.34 Jealousie is the Rage of a Man in the day of Vengeance he will not spare Yet I would have him to avoid the other Extreme Insensibleness when he is so nearly concerned and this agreeth with what saith the Wise Man (i) chap. 5.15 16 17 18. Drink Waters out of thine own Cistern and running Waters out of thine own Well c. Let them be only thine own and not the Stranger 's with thee And that this is spoken of Husband and Wife who without Roving abroad ought to be only one for another In the next Verse he addeth Let thy Fountain be Blessed and Rejoice with the Wife of thy Youth This matter is so Copious and out of Scripture and Reason so much can be said of it that 't is almost unexhaustible therefore I intend as much as I am able to restrain it within Bounds and in Order thereunto I say after a Husband hath try'd all Fair Means to no Purpose and he seeth the Disease is beyond Remedy and finds how nothing can Prevail then they who will not do Just Things out of Love to Virtue must feel Punishment inflicted upon them a Divorce Sued for and obtained Some Divines assign several just Causes as they think to break a Marriage and others do Differ from them about it but only Two I will bring which generally are agreed upon The First When Matrimony is Unlawfully Contracted that is within Degrees forbidden by the Law of God as may be between Brother and Sister or the like then indeed such a Marriage is ipso facto void and null But here I intend not to speak of such a kind of Marriage concerning which the Church of Rome hath often and doth commit gross and intolerable Abuses in a Dispensing way with that which God hath Forbidden but my Design is to speak of a Marriage Lawfully Contracted whether there be any just Grounds out of God's Word to break it off For Marriage hath a Relation to 't and to the Good of Conscience in as much as it is a Divine Institution from the Beginning of the World Also it hath a Prospect towards the Laws of the Land wherein the Parties do live as Members of the Politick Body and the warrant from the Word is what I intend chiefly if not only to insist upon for all Municipal Laws are good only as they agree with and are not contrary to that Infallible Rule of Justice and Equity which when they Deviate from are not to be Valued There is indeed upon some Accounts a great Difference as St. Paul expresses (k) 1 Cor. 11.7 8 9. it between the Man and the Woman whereof the Excellency is on Man's side however that Prerogative of the Husband over the Wife hath sometimes been abused as by the Jews so by other Nations who would not suffer their Wives to recede specially in publick from that Obedience they owed the Husband for fear the Husband's Prerogative should thereby be Wounded upon this Ground Queen Vashti (l) Esther 1. for refusing to come to King Ahasuerus when Commanded by reason of the ill Example given thereby to the Ladies of Persia and Media by the Counsel of Memucan was Divorced but this was done by a Reason of State and not according to any
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
so of London But with Grief and Sorrow I am afraid 't is not so 't is true but of very few To Lie is to tell for True that which one knows to be False or to affirm that to be False which he knows to be True Though a man may ignorantly tell a Lie yet not Lie for to Lie implies a design for to Deceive or to Hurt whereupon the difference is to be observed between telling a Lie and Lying or making a Lie for an honest and conscionable man may happen ignorantly and imprudently to tell a Lie upon a False Report as of such a man reported to be Dead when 't is not true but to Forge a Lie is with an evil Design and to Deceive the Intention and Contrivance is that which makes it Abominable and if it be so as 't is in ordinary Discourse and Conversation how much more upon the occasion of Oaths when God's most holy Name is made use of not in Private but in Publick and in Judgment whereby Truth which is part of Justice is perverted and Lie part of Injustice is set up There are Three sorts of Lies The Officious to do a Man some Service as to Lie to Save his Life Liberty c. The Merry or Pleasant to tell a Lie with an intent to Divert a Company And the Pernicious to Hurt one As to the Two First kinds I say that though Casuists differ about the Question whether or not they may be used which in my Opinion I think unlawful and look upon as Snares by degrees thorough Custom to be drawn from one kind to another yet all own the last called Pernicious to be most Wicked and by no means to be allowed [a] Psal. 5.6 Thou shalt destroy saith David them that Speak Leasing or Lies [b] Prov. 12.19 the Lip of Truth shall be established for ever but a Lyng tongue is but for a moment To Lie is to abuse God's Gifts who hath given us a Tongue truly to express our Mind and not to Deceive or otherwise Hurt our Neighbour 'T is for a good not for a Bad Use and we must not abuse the Gifts of God such are the Organs of Speech this also overthrows Human Society and breeds Jealousies Animosities and Causes Disorder and Confusion Certainly this kind of Lie is worst of all against God thorough the abuse of his Gift when others no greater Sinners are Dumb and God hath given thee the free Use of thy Tongue and also 't is against man with procuring his Harm The other Two sorts tho Evil yet in a less Degree then this and if according to the true Rule a Man though to save his own or Neighbour's Life ought not to tell a Lie much less to ruin his good Name Fortune or his Life God in his gracious Promise of the Restoration of Jerusalem after the Seventy Years Captivity gives them this Charge [c] Zach. 8.16 These are the things that ye shall do Speak every man the truth to his Neighbour execute the judgment of truth Which Precept the Apostle enlarges upon thus [d] Ephesians 4.25 Wherefore putting away Lying Speak every Man the truth with his Neighbour God having by Paul given a Character of the most wicked and worst of Men concludes it with this most abominable Brand [e] Rom. 1.25 26. they changed the truth of God into a Lie And see the judgment immediately at the tall of the sin the greatest on this side Hell that God inflicteth upon men For this cause God gave them up unto vile Affections and other terrible judgments expressed in that remaining part of the Chapter but God will in his just Judgment follow them further in the World to come for they who make Lies shall not only be excluded [f] Rev. 21 27.8 From entering into New Jerusalem but also lodg'd among every other wicked Man as Vnbelievers Abominable and Murtherers Wheremongers Sorcerers and Idolaters also Lyars shall have their part in the Lake which burneth with Fire and Brimstone which is the Second Death The Devil is by our blessed Saviour Branded with Two Things for being a Murtherer and a Lyar he doth but name the first Crime but the last he doth exaggerate and insist upon as if it was the Greatest of the Two He contents himself with saying [g] John 8.44 the Devil was a Murtherer from the beginning Of the other he saith He abode not in the truth because there is no truth in him when he Speaks a Lie he Speaks it of his own for he is a Lyar and the Father of it And therefore the Everlasting Fire is prepared for the Devil and his Angels and for his Children too who with him are [h] Jude 6. Reserved in or to Everlasting Chains under Darkness Those Lyars are those wandring Stars to whom if not pardoned is reserved the blackness of Darkness for ever If such terrible judgments and pains be reserved for the common Lyars that are the Devil's Children how much greater Degrees of Pains shall be inflicted upon those who were not content to Lie in their ordinary Discourse but who have highly aggravated it with their Perjuries and bringing in the Name of God to Countenance their pernicious Lies who not only have [i] 2 Tim. 3.8 Resisted the truth as St. Paul speaks but are gone further and to speak in another Apostle's Words [k] James 3.14 have Lied against the truth Now to the Second Qualification as he that Sweareth must do 't in Truth so he ought to Swear in Judgment or Considerately and with Discretion for [l] Psal 11● 5 A Good Man will Guide his Affairs with Discretion making Conscience of all his ways especially of an Oath well weighing and advisedly considering what it is that he is to Swear and who it is by whom he Sweareth so as neither to prophane his Name or make it common with using it upon unnecessary and light occasions as expressed Matth. 5.34 35 36 37. Nor make use of it [m] Jam. 5.12 unadvisedly but Religiously and Reverently and only in matters of weighty Concernment and not as [n] Mat. 14.7 Herod who Promised with an Oath to give Herodias's Daughter whatsoever she would ask As Rash a thing as Man can hear of for she might have asked any thing else as well as John Baptist's Head And if this Condition is to be Observed in any thing certainly it must be in matters of Judicature which are so publick and the Consequences so great hereby Man is required to Swear in knowledge and wisdom therefore Children Fools Mad-men Atheists notoriously Impious and People Drunken when in the Fit must not be admitted to take an Oath for he who Swears must before-hand be well Instructed in the Thing in Question that requires his Oath for he is called thereby to confirm it and then he must well understand the binding Nature of an Oath and the Consequences thereof for he which makes no Conscience of an Oath is
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