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truth_n heart_n lord_n sincerity_n 1,662 5 9.7763 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A62698 Tam quam, or, A attaint brought in the supream court of the King of kings, upon the statutes, Exod. 20. 7, 16 and Levit. 19. 12 against those modern jurors, who have found any indictments upon the statutes of 23 Eliz., 29 Eliz., or 3 Jacobi, against Protestants, for monthly absence from church, without any confession of the parties, or oath of witness against them, or made any presentments of them : contrary to the express letter of their oaths taken in a Court of Judgment, the course of the law of England, or any right reason : wherein is discoursed, whether any Protetant be concerned in that part of those laws? : the contrary is proved : as also whether a grand-jury's finding and indictment, be any evidence to a petit-jury? : the absurdness, and most pernicious consequents of which are detected, and the vengeance of God agaisnt false-swearing is declared / by one who prosecutes, as well for his sovereign lord the King of kings, as for the lives, liberties, and properties of all the subjects of England. One who persecutes as well for his sovereign lord the King of kings as for the lives, liberties, and properties of all the subjects of England. 1683 (1683) Wing T133; ESTC R17 24,452 40

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TAM QUAM OR AN ATTAINT Brought in the Supream Court of the King of Kings upon the Statutes Exod. 20. 7 16. and Levit. 19. 12. Against those Modern Jurors who have found any Indictments upon the Statutes of 23 Eliz. 29 Eliz. or 3 Jacobi against Protestants for monthly Absence from Church without any Confession of the Parties or Oath of Witness against them or made any Presentments of them Contrary to the express Letter of their Oaths taken in a Court of Judgment the course of the Law of England or any right Reason Wherein is discoursed Whether any Protestants be concerned in that part of those Laws the contrary is proved As also whether a Grand-Jury's finding an Indictment be any Evidence to a Petit-Jury The absurdness and most pernicious Consequents of which are detected and the Vengeance of God also against False-swearing is declared By one who Prosecutes as well for his Sovereign Lord the King of Kings as for the Lives Liberties and Properties of all the Subjects of England Eccles 5. 8. If thou seest the Oppression of the Poor and violent perverting of Judgment and Justice in a Province marvel not at the matter for he that is higher than the highest regardeth and there be an higher than they LONDON Printed and are to be sold by L. Curtis 1683. CHAP. I. The Mischief arising to the Nation from the loss of the Religion of Oaths The Nature of an Oath The Religion of an Oath lost by prophane and common Swearing more by false Swearing especially in Judgment whether by Jurors or Witnesses The Vengeance of God declared against it The Discourse restrained to the Oaths of Jurors and more especially those Oaths upon which they bring in Presentments and find Indictments against Protestants upon the Statutes 23 Eliz. 29 Eliz. and 3 Jacobi 1. AMongst other melancholick Considerations relating to the Nation which at this time affect the Souls of thinking Men who believe there is a God that judgeth the Earth there is none more sad or justly afflictive than the Consideration how much we have lost the Religion of an Oath and by that means broken the Ligament of Humane Society and upon the point invalidated the Institution of God for the end of all Strife For according to the present use of Oaths they will be the end of no Strife or at least but a legal end while no Man's Mind can acquiesce in an Assertion or Promise confirmed by it For how is it possible that the Mind of any should acquiesce upon the Oaths of others when he discerns how many there are that make no Conscience of swearing what is false or what is impossible they should know to be true Nor is there a greater Evidence of the stupid Atheism of a multitude of Persons For how can any think that those believe there is a God so omniscient just and potent as the Supream Being must be who dare call him to be a Witness that they speak Truth or that they will do this or that thing and challenge him to be their Judg in case they do it not and desire that He and his holy Gospel may do them no good if they do it not and by and by dare to speak what they either know to be false or do not know to be true It is not possible that Men indeed should believe there is a God and do any such things Every false Swearer must either declare himself to be ignorant of what he doth when he taketh an Oath or to be an Atheist 2. It being more charitable to judg such persons ignorant than to determine them absolute Atheists Charity will oblige every good Man to instruct his Relations or Neighbours in this great Point All Divines agree that the nature of an Oath lies in the calling of God to witness either to the truth of a Man's Assertion or the Sincerity of his Heart as to his Promise and his faithfulness in the performance of what he promiseth It was God's Ordinance Deut. 6. 13. Thou shalt fear the Lord thy God and serve him and shalt Swear by his Name Repeated again Deut. 12. 20. To him thou shalt cleave and Swear by his Name Isa 65. 16. He that sweareth in the Earth shall swear by the God of Truth Jer. 12. 16. And it shall come to pass if they will diligently learn my ways and swear by my Name The Lord liveth The Scriptures are full of Reproofs and Threatnings of and against any other Swearing by those that are no Gods Jer. 5. 7. Josh 23. 7. Exod. 23. 13. Nor indeed is it reasonable that any other than the living God should be invoked in Swearing who else can know the correspondency of our Hearts and Actions or the sincerity of our Intentions Who else hath a power in multitudes of cases hidden from Men to punish him who sweareth falsely So as an Oath by any other than by the living God is no security to our Neighbour Hence all swearing by any Creatures is prophane Swearing and not only a violation of a Divine Command but also of the very nature and end of an Oath giving no security to the Person for whose security of our Truth it is taken Indeed it is no better than Idolatry if Idolatry be a worshiping of that for God which is no God For Swearing is a Worship tho indeed a less ordinary piece of the Worship of God than Prayer and Praise are 3. An Oath being so grave a thing as a Divine Institution The Name of God being in it and a solemn Invocation of him to witness our Truth essential to it and the end of its Institution being to determine Strife and to give our Neighbour the highest Security imaginable of our Truth and Faithfulness Common Reason will instruct Mankind that it ought not to be used lightly and rashly for besides that such use of an Oath tendeth to make it useless to its end it is also an high prophanation of the holy and dreadful Name of the Lord our God Which of us would not judg himself affronted to have our Neighbours make use of any of our Names upon every light and trivial occasion or to be called on to witness every silly and impertinent discourse or piece of Mens common Talk Nor can that thing be any security to my Neighbour in any weighty Concern which I lay to pawn at every Alehouse and expose at every Stall much less that which hath proved to be no security a thousand times but made use of to seal a Lie Besides that such common use of the Name of God takes away all the Aw and Reverence of it and who so thinks that any Man will make more Conscience of an Oath in a Judicial Testimony for or against his Neighbour than he doth in his common discourse must at least think that the person who doth it hath more Charity towards Men than Piety towards God which is very unreasonable considering that all Charity is the Daughter of Piety or else he
must have some odd thoughts of God imagining him more severe in revenging a Wrong done to Man than in the Vindication of his own Glory whose Name is invoked as much in idle and common Swearing as in a Judicial Testimony and who is as much called to Witness and whose Power is as much challenged to revenge a Falshood in the one as the other case So that the many Precepts of God against common and ordinary Swearing in light and trivial matters Exod. 20. 7. Deut. 5. 11. Mat. 5. 34. Jam. 5. 12. Levit. 19.12 are but consonant to the common Reason of Mankind And indeed the Judicial Swearing of a common Swearer in all his light and ordinary discourse will from hence appear to a deliberate Man but a very doubtful and suspicious Evidence For why should I think the Man speaks Truth any more when in a Court he saith So help me God and his holy Gospel than when in a Tavern Alehouse or Market he saith God damn me it is so or I will do such or such a thing when I know it is not so and am a witness to his not doing of it after such Imprecations so as in truth there could not be a juster Law than to make common Swearers legally infamous which might probably reduce Mens Tongues to a better decorum and recover amongst us the Religion of an Oath upon the upholding the Religion of which depend all our Lives and Properties 4. A false swearing by the Name of the most high God especially in Judgment will easily from hence appear to be one of the highest Crimes and daring pieces of Impudence that a mortal Man can be guilty of A Guilt incurr'd not only when the thing we confirm by our Oaths is false but when we do not know it to be true And in promisary Oaths when we do not do the thing which we have sworn to do Thou shalt swear the Lord liveth in Truth in Righteousness and in Judgment Jer. 4. 2. This is the Law of God concerning an Oath I must not call God to witness that a thing is true and disclaim any hopes in him or desire of help from him or the Word of Salvation if it be not true if the thing be false or unless I know it to be true for I cannot say a thing is true which doth not so appear to me Nor must I call God to witness that I will do such or such a thing and disclaim any hopes or desire of any benefit from him or the Word of Salvation if I do it not and then not do it Under the Levitical Law Lev. 5.4 God indeed appointed a Trespass-Offering for him that had sworn to do Evil or to do Good if it were hid from him confessing that he had sinned in that thing but in that Confession was required in the case and not Confession only but a Sacrifice the Sin of those who swear falsly tho ignorantly is evident enough and in that we read of no Sacrifice appointed for those that swear falsly knowing thereof when they sware we may be assured that was a Guilt God did not expect from any of his People or at least which he would not easily forgive or purge by Sacrifice And indeed what punishment can we suppose too great for that person who shall dare to call God to Witness that he speaketh Truth when he knows it is a Lie or doth not know that what he saith is true Or who dares to disclaim all Benefit from God or the Word of his Grace if he doth not do this or that and then doth it not His Blood is upon his own head if God strikes this Man dead in the place if he immediately throws him into the Bottomless-Pit and concludes him under his Wrath to all Eternity he doth but deal with him according to his own Prayer and Desire He hath asked no further Grace Mercy or Favour from God than according to the Truth of his Heart and Actions in such or such a thing wherein he hath wilfully suffered his Truth to fail and that it may be not only in the highest contempt and defiance of God but may be to the no small hurt and prejudice of his Neighbour tho that be much the lighter thing in the Case for what can the Interest of a Man be considered with that of the Lord's Name and Glory Out of his own mouth he is condemned he hath spoken words against his own life Whosoever he be that solemnly calleth God to be his Witness That in such or such a thing he speaketh the Truth and that he shall or will do a thing in such a manner and disclaimeth all Help or Salvation from God if he doth it not and in the same matter after such a solemn Invocation of the Divine Name and bold Challenge of the Divine Power shall dare to affirm what he cannot say is Truth or to do the quite contrary to what he hath promised with such an Imprecation what doth he do less than say I value not what the Almighty God can do unto me I desie his Power and deny his Being and Omnisciency 5. These things considered we need not wonder at Jeremiah's telling us Jer. 23. 10. That because of Swearing the Land mourneth nor yet at the Prophet Hosea telling the Israelites from the Lord That the Lord had a Controversie with the Inhabitants of the Land because there was no Truth nor Mercy nor Knowledge of God in the Land By Swearing and Lying and Killing and Stealing and committing Adultery they break out and Blood toucheth Blood Nor at the Prophet Zecheriah's flying Roll Zech. 5. twenty Cubits long and ten Cubits broad which v. 3. is expounded to be the Curse that goeth over the face of the whole Earth for every one that stealeth shall be cut off on this side according to it and every one that sweareth shall be cut off on that side according to it I will bring it forth saith the Lord God of Hosts and it shall enter into the house of the Thief and into the house of him that sweareth falsly 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 Nor shall we need wonder if we see this Curse entering into many houses in this Nation and remaining in them until it hath consumed the Timber thereof and the Stones thereof For swearing falsly is no less than a prophaning the Name of the Lord our God Levit. 19. 12. a taking of his Name in vain who hath said He will not hold him guiltless who taketh his Name in vain And God hath said I will come near unto you in Judgment and I will be a swift Witness against the Sorcerers and against the Adulterers and against the false Swearers Mal. 3. 5. 6. It is true the Law of England makes a distinction betwixt false-swearing or forswearing and Perjury and will not allow forswearing to be Perjury punishable by the