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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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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
shall enter into the Kingdom of God In another place he is as Positive as can be upon 't and no doubt to be made of it (p) Ephes 5.5 For this you know that no Whore-monger nor Vnclean Person c. hath any Inheritance in the Kingdom of Christ and of God 'T is as certain as it is that the Spirit of God who saith it by the Apostle is the God of Truth this is the unavoidable Doom of all that are such except they be (q) 1 Cor. 6.11 v. 15 16 18 19 20. Washed Sanctified and Justified in the Name of the Lord Jesus and by the Spirit of our God With how much Abhorrency this Holy Man speaks of that filthy Sin in the same place we read v 15 Know ye not that your Bodies are the Members of Christ Shall I then take the Members of Christ and make them the members of an Harlot God forbid And to shew how great a Concernment this matter is of he again comes upon 't v 18. Flee Fornication every sin that a man doth is without the body but he that committeth Fornication sinneth against his own body And to press it the more in the next Verse he saith in a Chiding and Wondering way What know ye not that your body is the Temple of the Holy Ghost which is in you which ye have of God and ye are not your own Therefore you may not dispose of your Body but ye are to glorify God in your body Here is not one word without a great Emphasis That Sin must be an Infections Disease and a great Plague seeing we thereupon are forbidden to have any Society with the nearest Friends and Relations for in the foregoing Chapter he saith (r) 1 Cor. 5.11 But now I have written unto you not to keep Company if any man that is called a Brother be a Fornicator c. with such an one no not to eat That holy Apostle is so set against that filthy Sin that he fotbids any thing that is an Inticement to or a Fruit of it and would have us to be Chaste in Lives and Tongue (s) Ephes 4.29 cha 5.3 4. Let no corrupt Communication proceed out of your mouth and in the next Chapt. he explaineth his meaning but Fornication and all Vncleanness or Covetousness let it not be once named among you as becometh Saints neither Filthiness nor Foolish Talking nor Jesting which are not convenient but rather giving of Thanks He will not suffer any thing that is or may happen to be Accessory unto that filthy Sin and in another place among other things which he advises to this is one (t) Coloss 3.3 〈◊〉 To put off filthy Communication out of your mouth The Reason he giveth elsewhere (u) Thess 4.3 4 5. For this is the Will of God even your Sanctification that ye should abstain from Fornication that every one of you should know how to possess his Vessel in Sanctification and Honour Hitherto I have spoken of Fornication and Adulte●● together but as this last carrieth with it great Aggravations and is more Hainous than the other I must speak of it by it self for so doth Scripture in several places and indeed Adultery doth imply Fornication which is a lower Degree than the other God having done speaking with his Saints turns to the Wicked and One of the Articles of the Charge is this (w) Psal 50.16 18. Thou hast been partaker with Adulterers Thy Portion was with them and thô this deserved Punishment because I presently Executed it not upon thee Thou ●houghtest that I was altogether such a one as thy self but ●hou shalt come to Judgment For I will reprove thee and set these things in Order before thine Eyes Adulterers shall not escape Punishment Adultery is such a Sin as makes God's true Servants such as Jeremiah wish (x) Jer. 9.2 Oh that I had in the Wilderness a Lodging place that I might leave my People Why so y c. 23.10.14 For they be all Adulterers And in another place he complains that the Land is full of Adulterers He is not the only Prophet that said so another speaks to the same purpose (z) Hos 7.4 They are all Adulterers Hence it appears how God takes a special Notice of that as an abominable Sin Hitherto we heard of none but Adulterers thô under that Name both Sexes be understood but the Apostle Names Men and Women (a) Jam. 4. Ye Adulterers and Adulteresses and calls them Enemies to God because Friends to the World Know ye not that the Friendship of the World is Enmity with God But what will become of God's Enemies b Matt. 8.12 They shall be bound Hand and Foot and cast into outer Darkness There shall be Weeping and Gnashing of Teeth Out of all this it clearly appears How Eternal Death and Damnation are prepared for Fornicators and Adulterers except God be pleased to give them true Repentance But because this Sin especially Adultery doth Highly Disturb humane Society and brings Confusion into Families therefore God in his Word hath appointed Temporal and Bodily Punishments for those that are Guilty of it and that 's no less than Death (c) Lev. 20.10 The Adulterer and Adulteress shall surely be put to Death Which is confirmed in (d) Deuter. 22.22 another place The Scribes and Pharisees said to Our Saviour how (e) John 8.3 5. by the Law of Moses the Woman taken in Adulterie that was brought to him should be Stoned This is a Precedent for all well-governed States to have Penal Laws to punish Offenders in this kind and to this very Day in Conformity to those Laws of the Jews in many places they are put to Death which they well Deserve Adultery imports a great Aggravation above Fornication for there is Perjury in as much as in the Presence of God and of Men a solemn Promise is made of being True and Faithful one to another And although in the sight of God the Guilt whether of Man or Woman be the same and that even Death was equally Inflicted upon both Yet in some Cases Moses had a greater regard for the Husband than for the Wife as in the matter of Jealousie no Remedy afforded for the Wife but there was an indulgent and miraculous way for the Man to satisfy himself when he wanted Proofs and this was the Water of Tryal and of Jealousie as we have it at large in the Book of (f) chapt 5. from 12. to 31. Numbers and if she were Guilty in an extraordinary way she was punished with Rotteness but if she were Innocent yet nothing was done against the Husband This Disparity appeareth also in another Case about the Bill of Divorce which upon slight Grounds (g) Deuter. 24.1 The man might give the wife and send her out of his House But the Woman was not allowed to do so with her Husband Therefore as I already said thô in the Husband and Wife in
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
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
of all their Judgments And as the Understanding ought to be Sound and the Heart Upright so must the Conscience to love search find out and judge according to Truth be very wary and cautious to do nothing against it rather detest abhor and punish all Lies Falshood and any thing conttary to 't Besides these they must not want Moral Vertue but avoid things contrary thereunto Now Justice is one of the Four Moral Vertues and as nothing is so apt to pervert it as Covetousness for it makes men seek after Bribes and both Blindeth the Eyes and Corrupteth the Heart so they that are appointed to do Justice ought not only to be free from but also to (s) 1 Coloss 3.5 Hate Covetousness which by the Apostle is well called Idolatry because Riches is the god of adored and served by the Covetous Man in few words the same Apostle calls the Love of Money which is Covetousness the Root of all Evil. This is the most pernicious Rock of all which Judges can run upon This very same Sin though they had every other Quality for the Place doth Unqualify them for it and highly declares them Uncapable of Except they hate Covetousness all other good Qualities are Insignificant and it is Pity a great Shame and Scandal to any Court of Judicature that any one who ever was Branded with and Convicted of Bribery should be suffered to sit upon the Bench and have Daily Occasion to satisfy his Covetousness and Pervert Justice and Judgment of such speaks David when (t) Psalm 26.10 he saith Their Right-hand is full of Bribes but Fire shall Consume the Tabernacles of bribery Job 15.34 We have in Scripture another most considerable Charge though to the same Purpose as Moses's in King Jehoshaphat's Instructions to his Judges thus (u) 2 Chron. 19.5 6 7. And he said to the Judges take heed what ye do for ye judge not for men but for the Lord who is with you in the Judgment Wherefore let the fear of the Lord be upon you take heed and do it for there is no Iniquity with the Lord our God nor Respect of Persons nor taking of Gifts This is very full and comprehensive first to shew how Cautious Judges and Juries must be of what they do not to be Rash or Hasty or Corrupt in their Judgments and though they be appointed by men as Princes c. as those Princes and Kings themselves are appointed by God so Justice is Originally in and derived from God for that saying of Divine Wisdom of the Son of God is most true (w) Prov. 8.15 16. By me Princes Rule and Nobles even all the Judges of the Earth by me Kings reign and decree Justice Not only from but by me in my Name and Authority Wherefore Jehoshaphats Reason is very true First Negatively Ye judge not for men Then Positively but for God with this weighty Consideration that God is with them in the judgment If Judges should judge for Men that is for those who appointed them for that Office then they would judge for the Absent for Princes who gave them their Places are not present at their judgments and therefore if they have a mind to know what passes in such Courts they stand in need of being informed by others for they cannot know it by themselves but when they judge for God 't is for him who being every where is always with them heareth seeth and observeth all their Proceedings and knows all by himself and therefore needs not being informed by men of what passeth there (x) Heb. 4 13. for There is not any Creature or thing that is not manifest in his sight but all things are naked and opened unto the Eyes of him with whom we have to do Therefore Judges in the Discharge of the Duty of their places ought to look upon and eye God and not men or at least God chiefly and primarily Wherefore this good King Jehoshaphat would have not the fear of himself be upon his Judges as if he would turn them out of their places or undergo his Displeasure if they did not Right but he would work upon them out of a more noble and higher Motive not out of a Principle of Interest but of Conscience and that makes him point at the very Spring of all Justice Equity Rewards and Pains when he saith let the Fear of God be upon you and they ought to have a great care and it ought to be their whole and constant Study to do 't by a Reason drawn from the Purity of the Nature and Actings of God for there is no Iniquity with the Lord our God as the Spring is so the Streams derived from it ought to be God's Representatives upon Earth in administring of Justice ought to imitate him and not suffer Justice which is pure in it's Source to be corrupt and defiled by themselves as the Pipes thorough which it is conveyed for as it is Written Be ye Holy as I am Holy so they are Commanded Be ye Just for I am Just or else thorough his just Judgment they may happen to be Infatuated and deprived of their Understanding a heavy Punishment for (y) Job 12.17 God maketh the Judges Fools Now as to Witnesses besides what I have already said upon the matter the Charge is (a) Exod. 23.1 Put not thine Hand with the Wicked to be an unrighteous Witness Which argues how sometimes there is amongst the Wicked a Combination to be false Witnesses to pervert Right and Justice (b) Prov 24.28 Be not a Witness against thy Neighbour without Cause and Deceive not with thy Lips Without a just Cause and a lawful Call men ought not to intrude to be Witnesses against any one no Enmity Envy or Jealousy should prompt us to it but when we are Summoned then have a care not to tell Lies but to speak the Truth from the Heart The ●inth Precept is very Positive and Universal renewed and confirmed in several other places (c) Exod. 20.16 Deuter. 5.20 Matth. 19.18 Luke 18.20 Rom. 13.9 Not to bear false Witness The Character which Solomon gives of a False Witness is this (d) Prov. 2● 18. A Man that beareth false Witness ●gainst his Neighbour is a Maul and a ●word and a sharp ●rrow A Dart a ●●ammer and not barely an Arrow but a Sharp one ail these Offensive Arms whereof some break things in pieces others divide and this to shew the Mortality of the Wound made by such False Tongues Now such Villanies as these are the more Abominable because there is nothing to be pleaded for to excuse it 't is no Mischance no Ignorance no Mistake nor Infirmity but it proceeds out of a rotten Principle out of a corrupt Spring from the Heart wherein it is designedly deliberately and maliciously Contrived and Hatched For saith the Lord Jesus out of the Heart proceed among other horrid Sins (d) Matth. 15.19 False Witness and Blasphemies The wise King makes
Punishment shall henceforth commit no more any such Evil. This will prevent it's spreading further and in the inflicting of this due Punishment God's Command to the Judges is this Thine Eye shall not Pity no mercy for such wicked and miserable Wretches who are the Plague of Church and State therefore both Church and State must set helping hand to root it out and put it away Life shall go for Life c. Here is a Divine Rule for all Judges and Juries against Perjured Persons who are the worst kind of wicked men as are [b] 1 Tim. 1 9 10. Vngodly unholy Prophane Murtherers of Fathers Murtherers of Mothers Men-slayers Whoremongers Sodomites and Lyars in the highest Degree among which all they are Reckoned Thus much as to the Punishment of this detestable Sin according to Divine Laws As to human Laws it appears how all Nations knew by the Light of Nature how much Perjury was abominable in the sight of God and unto men execrable therefore they enacted Laws severely and strictly to punish it as we may read in several prophane Authors This I say because I know how Men who so far corrupted themselves do not much think on or mind God's Wrath but are in fear only of Men for their Body but not at all for their Soul He who once hath forsworn himself Vbi Semel c. Cicero pro Rabirio saith one must never afterwards be believed though he would swear by many Gods The Civil and Canon Laws are larg● and clear upon this Infamy is the first pain inflicted upon Perjured Men. Cod. lib. 2. Tit. 4. de Transactionibus l. 41. S● quis major This Infamy and pain of Perjury is so heavy so foul and filthy that though God if he pleases may thorough Repentance forgive it as every other Sin yet before Men either in Civil or Ecclesiastical Courts it sticks so fast that it can never b● washed off nor are they ever when convicted admitted to bear Witness in any Court of Judicature and in the decret c. 6. q. 1. can 17. infames Perjure● Men are declared to be Infamous So it is c. 3. ● 5. Can. 9. constituimus and farther decret c. 6. q. 〈◊〉 Can. 18. quicumque we read of him that hath bee● noted of Infamy that his Evidence is never to be received and de Testibus et attestationibus cap. 54. Test● monium 't is ordered that a Man branded with Infamy is never any more to be believed eithe● in h● own cause or in any other Mans for Perjured Person are always to be rejected and in the same * Qui semel periuratus fuerit nec Testis sit post hac sed nec ad sacramentum accedat decret 〈◊〉 22. q. 5. Can. 14. parvuli He that once hath Fo● sworn himself afterwards must be no Witness nor admitted to take an Oath or to swear in his own cause or any Man 's else Now so great a crime as Perjury deserves according to the Law of Retaliation the grievous though just penalty of Infamy for the Perjured Man as much as in him lays would make God Infamous seeing he brings him as Witness to confirm his lie wherefore 't is very just to make him Infamous indeed for that Man ought no more to be believed who was not ashamed to call upon God who is Truth it self to bear Witness unto his Lie and 't is to be observed how thorough Perjury Men not only do highly provoke God but thorough a just Judgment do also thereby forfeit their Credit with Men who will not believe them no not when they speak the Truth which always becomes suspected out of the Mouth of a Liar Hence it is that our most blessed Saviour often rebuked evil Spirits and would not suffer them to confess who he was the Son of the Living God for fear that great and important Truth should by his Enemies be suspected for a Lie because coming out of the Devils mouth who is the father of Lies and we know how wickedly the Jews were inclined to take advantage against him when they said c Mat. 12.24 He did cast out Devils by Beelzebub the Prince of the Devils Besides Infamy there are other Penalties as to be deprived of Ecclesiastical Goods and Dignities if the Perjured Persons be possessed of any De rescriptis cap. 2. So may not have any Office in the Church as unworthy of having any hand in the Government thereof which Decree is de jure-jurando cap. 10. querelam also cap. 12. cum quidam and they are to be deprived not only of all Office and Benefice in the Church but also of every Dignity and place in the Civil so as never any more to be admitted to the same or any other wherefore if Doctors Magistrates Judges Jury-men and Witnesses be convicted of Perjury they may and ought to be removed out of their Places and Imployments so they should for matters of Bribery chiefly in Courts of Judicature for I am fully perswaded that he who takes a Bribe to sell or pervert Justice will not scruple to Swear a false Oath to receive Money and satisfy his Covetousness Withall I add that the false Witness may be Indited and sued for damages by him whom he wronged by his false Evidence Panormit in cap. 1. de crimine falsi Forsworn Men are also by several Human Laws adjudicated and condemned to Corporal Punishments as to Banishment Whipping the Pilory the Galleys Imprisonment branding in the Forehead boaring thorough in the Tongue and with Death in Capital Cases in conformity to God's Law by Moses as already mentioned So then such abominable Vermine were by the several Laws of different Nations stained in their Names and Honours punished in Goods and Fortunes whether Secular or Ecclesiastical in their Persons Liberties and Lives So they were also liable to Church Censures as Excommunication Fasting with Bread and Water only upon certain days and sometimes for seven years together to make publick Penances and such things as we read of in the Decretales Hence it most clearly appears how justly by the Divine Civil and Ecclesiastical Laws Perjured Men are judged worthy of all sorts of Pains This I shall add how to avoid the evil the occasion also that leads to it is to be avoided wherefore I think that every doubtful case is not always to be decided by an Oath but by the truth of things when it is found out though it had been betrayed by the Perjured Person therefore such forsworn people may be indited for Perjury and if convicted the wrong they had done the party ceaseth and the sufferer enters upon that Right and Possession which he thereby unjustly had been deprived of It were also very just that any and all that abet entice countenance and directly or indirectly promote and encourage Men to forswear themselves or already forsworn as they have an hand in the Crime so should also be made sensible of and have a share in the punishment for the
Tempter doth cause the Temptation which is the snare to and mother of Sin It is a thing worthy of David to say as of every honest and true Christian to imitate (d) Psal 101. He that worketh deceit shall not dwell within my house be that telleth shall not tarry in my sight If every master of Family would observe this rule a great deal of mischief and the ruin of Souls might thorough God's blessing be prevented keep Children and Servants from telling Lies and they will not suffer themselves to be brought to swear Lies By these means may be prevented from coming upon us the sad times complained of by the Prophet (e) Isa 59.14 Judgment is turned away backward and Justice standeth afar off for Truth is fallen in the street and Equity cannot enter But wo be to the Nation which is in such a case for thus the door lays open for Judgment and 't is well worth our serious inquiry whether a due care hath been taken by those who are concern'd to prevent and punish this and other Epidemical Sins which wholly to Enumerate would prove a great work I see too much cause to conclude for the Negative and by what we feel we must Judge of what we must fear we have warning pieces enough so the Murthering ones cannot be far behind rather near at hand We had a War with a witness we are in a kind of Dearth for tho' Provisions be not scarce yet are unreasonably dear may God keep it from ending in a Famine or being turned into a Plague which the Lord in his just Judgment when he pleases can send upon us for when the Earth cannot bear the wickedness of her Inhabitants God thorough War Plague and Famine as thorough so many sluces doth ease it of that burthen and thereby hurries Man Woman and Child out of this World But let us come nearer home for 't is neither just nor fit we should entertain and cherish here that which abroad we declaim so much against with detestation I for my part am afraid and was ever since I attained to some years of ripe knowledge and discretion that Perjury and breach of solemn Oaths and Promises to God is one of the great National Sins for the Punishment whereof God who sometimes uses to punish one Sin with another hath permitted it to spread so much and become so Epidemical among us and I further look upon it as one of the causes of the Troubles and uneasy burthens which the Land labours and groans under and how many more may happen to be brought upon us God alone knows I am sure if we may by the prospect of present things judge of those that are to come we have much more reason to fear then to hope except thorough a speedy repentance we do prevent farther judgments for we must believe what the God of Truth hath declared that he will not hold him or them guiltless that do take his Name in vain for this Sin with Prophaneness Uncleanness Atheism Impiety Idolatry Blasphemy and so many more which like a dangerous Plague and deadly Gangrene daily gain upon us except they be stopped thorough the diligent care and good example of the Government Magistracy and Ministery for with the Law I must mix the Gospel will certainly bring Ruin and Destruction upon the Nation God hath already smitten us in several ways which any one not willingly blind may see and perceive and his hand is stretched out stil against us except thorough a speedy and sincere Reformation without which all our Fasting and Praying will be insignificant we prevail with him to cast the Rod into the fire That is in relation to God before whom we ought to Humble our selves and Repent As to Men Justice must be executed upon Offenders or else the evil shall not be removed nor the accursed thing put away whereby Men become accursed We read how careful God was before the taking of Jericho to forewarn his People not to have any thing to do with the accursed thing (f) Josh 6.18 And you in any wise keep your selves from the accursed thing lest ye make your selves accursed when ye take of the accursed thing and make the Camp of Israel a Curse and a Trouble for this brings Trouble upon any Nation in the World as it did upon Israel who Could not stand before their Enemies but turned their backs because they were accursed (g) Chap. 7.12 13. Neither said God will I be with you any more except ye destroy the accursed from amongst you and thou canst not stand before thine Enemies untill ye take away the accursed things from among you I know how every Sin is a Cursed thing but some are more then others and this in a special manner for (h) Deut. 27.19 Cursed be he that perverteth the judgment of the Stranger Fatherless and Widow Only these kinds are set down against the perverting of all manner of Judgment several of the species being put for the whole genus according to the way of God's Law wherein under one kind of Sin all of the same Nature are forbidden now the readiest way to pervert Judgment is by false swearing either in Judges and Juries who are sworn to Judge in Justice and Conscience according to Law or in Witnesses who by their Oath are bound to Swear the Truth so that an Oath which is appointed for a remedy becomes poison There are First an Inconsiderate false Swearing when thorough weakness a Man is enticed and drawn into 't Secondly An Ignorant Perjury when a Man being mistaken swears a thing to be true because he thinks it to be so though it be false And Thirdly A Wilfull Perjury when a Man Sweareth falsely either out of Malice against one or out of Covetousness or some such self end which all are bad but certainly this last is worst of all and unworthy of Mercy which argueth the corruptness of the Principle and demonstrateth the Heart whence it springs to be poisoned and towards preventing punishing and suppressing them that are infected therewith they that are concerned and whose Office it is ought to bend their intire strength make it their whole study and apply all their Wit Authority and Resolution O that the Vermine of Knights of the Post was wholly rooted out and the Nation purged of it at least never to appear at the springs of Justice and before the Courts of Judicature there to introduce Oppression and Confusion nor be suffered in any honest Company for they are the plague of human Society and ought to be lookt upon as Spyes who seek to find occasions and forge causes of doing mischief these are the firebrands of a Country to bring all therein into disorder and Ruin Perjury must be left for those who pretend there is a power on Earth that may dispense from Oaths and pardon the breach of them as 't is in the Kingdom of the Romish Anti-christ so must in the taking of them be
divided the Work among themselves as we Read James Cephas and John do with Paul and Barnabas Gal. 2.9 So all went into several parts of the World which in antient Records are named as to Peter about whom is the Question (g) Euseb l. 3. c. 1. the Ecclesiastical Histories say that he a long time Preached the Gospel to the Jews in Pontus Galatia Cappadocia Bithynia and Asia whom he did write to as we have it in his (h) 1 Pet. 1.1 first Epistle so that if ever he went to Rome 't was at the most only about the latter end of his Life But what Paul saith is very remarkable (i) 2 Tim. 4.16 At my first answer no man stood with me but all men forsook me Certainly if Peter who for the same cause laid down his Life had been there he would not have forsaken him but this is a proof he was not there What Romanists say of a Contest between Peter and Simon the Sorcerer and several other things to the like purpose is all fabulous I know in Rome they shew some places with pretty Stories of their own Invention as of Peter's Prison and of his meeting with Christ when stealing out of that City to avoid Martyrdom he asked him Domine quò vadis Lord whither goest thou and the answer Romam ut ibi iterum Crucifigar To Rome there again to be Crucified all forged and by Tradition transmitted to these very times So that all this well considered it doth not in the least appear that Peter came to Rome since Paul was brought thither and never as we may conclude according to what they say that both suffered there at the same time This Truth Blondel one well known for being versed in the antient Ecclesiastical History had promised the French National Synod at Charenton which thereupon encouraged with dispensing him from his usual Pastoral Duties invincibly to prove and whilest People were in expectation to see that Work of his come forth instead of his promised Book having as inform'd by a Worthy Learned and Ingenious Man who had known him Named M. la Sigogne Ingrand of Poictiers whom in my way through that Country I happened to be acquainted with been gained by Cardinal Richelieu he published his Book about Pope Joan. After what I said the supposed Primacy of Peter is come to nothing and consequently the Supremacy of Popes and Church of Rome thereupon grounded is blown up So that one Pillar being pull'd down the other namely the Infallibility cannot stand and therein to proceed I shall alter the order of my discourse for in the matter of Supremacy I began against their Superstructure before I meddled with the Foundation that is I shewed how the pretended Supremacy of the Romish Church is but a Chymera and then that Peter had no Superiority over his Fellow Apostles nor Dominion over God's Heritage for indeed all the Power which the Lord hath given his Ministers is not to Curse and Anathematize as Popes and Councils have taken upon them to do which is contrary to the Pattern and Rule given by the Apostles in the Synod of Jerusalem but as Paul one of the chief of them declares in several places that (k) 2 Cor. 13.10 Power is to edification and not to destruction But now I intend by the Grace of God to demonstrate first that Peter was not Infallible and then that in the Romish Church is no such Infallibility as they pretend to be derived to 't from Peter's However we own that Peter's Doctrine what he Preach'd and whatsoever is written in his Epistles is infallibly true for what he speaks of how (l) 2 Pet. 1.21 in old time holy men of God spake as they were moved by the Holy Ghost is true of him and of the other Apostles but this Infallibility is lodged not in their Persons but in their Doctrine it did not lye in Peter but in the Guide who directed him the Holy Ghost Now the promise of Christ that (m) Mat. 16.18 the gates of hell shall not prevail against the Church is to be understood of a freedom from Destruction but not from Error seeing himself foretold of (n) Chap. 24.24 false Christs and false Prophets that shall arise and shew great signs and wonders And even in his School which was the Figure of the Church was a Judas a Traytor and so have his Apostles Prophecied of Heresies in the Church and of grievous Wolves that should enter into 't (o) Act. 20.29 30. even among themselves should men arise speaking perverse things Farthermore it ought to be taken notice of how great a mistake it is in the Romanists to apply unto Peter what our Saviour said (p) Mat. 16.18 Vpon this rock I will build my Church He meant not Peter's Person but the Confession he had made of him that he was the Christ the Son of the living God The thing is plain enough if we consider the occasion of the discourse which was this who Christ was Peter said Thou art Christ the Son of the Living God Now this truth owned by Peter namely that the Lord Jesus is the Son of the Living God the Church of Christ is built upon for upon Christ is the Church founded (q) 1 Cor. 3.11 And other foundation can no man lay saith Paul than that is laid which is Jesus Christ Besides that no where in Scripture Peter is call'd a Rock (r) Chap. 10.4 but the Lord Christ is therefore 't is a gross Error to misapply to Peter that which belongs to Christ This very Truth what Christ was Peter of himself could not know for saith our Saviour Flesh and blood hath not revealed it unto thee but my Father which is in heaven v. 17. and indeed this is the Fundamental Truth of Christian Religion that Christ is the Son of the Living God But before I leave that Text I must take notice of another Error which the Romish Church would ground upon it 't is this that the Power of the Keys of the Kingdom of Heaven namely of binding and loosing was bestowed only upon Peter when it also was upon the rest of the Apostles which were a Collective Body Now to find out the truth of what I say we must look upon the 13. Vers of this Chap. 16. of Mat. When Jesus came into the coasts of Cesarea Philippi he asked his disciples saying whom do men say that I the son of man am and they said some say that thou art John the Baptist some Elias and others Jeremias or one of the Prophets Now seeing none of these Opinions of Men about him were true he asked their Opinion for he saith unto them but whom say ye that I am The Question is put to all his Disciples ye So Peter in whom we commonly find a readiness to speak as may be an effect of his temper answered here in the name of all thou art Christ the Son of the Living God whereby he shewed