Lawson of Oathes and Witnesses, according to the Third and Ninth Commandements.
THIS Commandement is Negative, and prohibits a grievous Sin, and by consequence includes a Duty, tending to the Honour of this great King, who ought to be Worshipped in such a manner, as shall be sutable to His Excellent Majesty.
- The First Commandement forbids the Worship of strange Gods, who are no Gods.
- The Second, the Worship of Images, or by Images.
- The Third, the taking of his Name in vain, or false-swearing. For,
- 1. He is to be acknowledged as God.
- 2. Worshipped according to his own institution.
- 3. This Worship is to be performed in a due manner.
In the words themselves we have,
- 1. A Sin forbidden.
- 2. A penalty threatned, and to be suffered by him that shall be guilty of that Sin.
I. The Sin is to take Gods name in vain;—
And lest any one should presume, Every one must know, that the Lord will not hold him guiltless that taketh his Name in vain.
This is the Substance of this Law.
II. To take Gods Name in vain; if we consult with the Original, is to swear falsly, and to use Gods Name, to perswade men to believe that which is false; Thus it is expounded. Thou shalt not swear by my Name falsly: Neither shalt thou prophane the Name of thy God, Lev. 19.12. and thus the Chaldae paraphrast understands and turns the Words in this place, Exod. 20.7. and also Deut. 5.11. and though the word Magan signifies vain; yet the word Shekar, used by him in the latter part of the Commandements, signifies Falsehood, or a Lye: and Edshekar is a false witness, Deut. 19.18. by which we may easily understand, that the Lord, in these words, forbids false swearing; and because, in swearing we use Gods Name, and a false Oath is unjust, and, in respect of the end to which it was ordained is vain; therefore to swear falsly, is to take up, or use Gods Name prophanely, or in vain.
III. An Oath is a kind of Testimony, and of it self hath no sufficient Power to prove any thing infallibly: therefore, as the person swearing, is, such is the Oath. If God swear, we have infallible Truth, because, his Word, much more his Oath, is infallible: because he can neither deceive, nor be deceived. Yet the better the Man is, the more credible is his Oath. And in matters which cannot be made evident by other proof; an Oath is the highest degree of confirmation, and more we cannot expect, when more cannot be done. Therefore upon an Oath taken we rest, for an Oath for Confirmation, is unto Men an end of all strife, Heb. 6.16. in the Oath of man we hav [...] [...] two fold testimony; one of Man, another of God; and the testimony of God is [...]ed to conf [...] the testimony of Man in this [...]spect, [...] is said to be a [Page 2] producing of God, as Witness of the things sworn, and the word of Man. Divers Schoolmen, Casuists, and Civilians, and Theological Writers, both Papists and Protestants agree in the Definition of an Oath, that is a calling of God to Witness for the Confirmation of a matter that is doubtful.
IV. After this Consideration of the Nature of an Oath, follows the Distinction of Oathes, for there is an Oath of God, and an Oath by God. An Oath, by God, is taken by Angels or Men. The Oathes here are such as are taken by Men.
- 1. Assertory, is of that which is past or present.
- 2. A Promissory, of something to come; the latter is to confirm Leagues or Contracts, publick, or private; An Assertory Oath is when he swears that which he doth not certainly know to be true, or that which he knows to be false.
Let so much at present suffice for the Third Commandement.
Somewhat I intend of the Ninth Commandement.
After that God had determined the right of persons, and things by the former Laws; he here prescribes who are capable of giving an Oath, that is, Magistrates Read in the Law; persons that come before Magistrates are of [...] parties plaintiff, or defendant; to determine the right of Persons, Things, Actions, both Publick and Private in which, a Party Litigant, whose Cause is brought before a Magistrate. And as the greatest Point in Law is Evidence; for the preserving the Rights, Lives, and Liberties of Men, are Witnesses, to declare the Truth, all the Truth, and nothing but the Truth; I think it not amiss to put down the Qualification of Witnesses.
- 1. Qualification is, That they should be born of Christian Parents.
- 2. Qualification that they should be Baptiz'd, according to the Lords Prayer, Creed and Ten Commandements.
- 3. Qualification, That they should be brought up in these, by Parents, Schoolmasters and Guardians.
- 4. Qualification, that they should be Sixteen years of Age.
- 5. Qualification, That they should have their Sight, Hearing, Understanding, and Memory.
- 6. Qualification, That they should not be given to Bribes.
- 7. Qualification, That they should not be Malicious.
- 8. Qualification, that they should clearly and fully declare the Truth.
- 9. Qualification, That they must not for favour or affection deny the Truth in favour of any, tho they be ever so near Related to them.
- 10. Qualification, That they must not lissen to them that whispers in their Ears, when they are given their Evidence.
- 11. Qualification, they must not use doubtful expressions or equivocations.
- 12. Qualification, They must not have mental Reservations, or contradict themselves.
- 13. Qualification, They must not any waies obscure the Cause, out of Fear or Favour, or any inordinate Passion and Affection.
My only design is to inform the Ignorant, put in mind the Wise, confute the Parshal and Obstinate, if possible, that in seeing they may see, and Reading understand the good Word of God, and keep his Commandements every one. I think this may be useful to Master and Servant.