SINCE the time of the Reformation, and, may be before, the Sin of Uncleanness was never so bold and presumptuous in this King­dom, as after the Restoration: Before, there was something of Modesty, in some of those who Com­mitted it: Shame, which from the time of our first Parents Trangression, became a constant Attender on Sin, was not yet altogether parted from it; many [...]ike Gene 3.10. Adam, who hid himself after it, did seek dark Corners to satisfy their Lust, which is a Work of Darkness, by St. Paul expressed under the name of Rom. 13.12, 13. Chambering and Wantonness, to be cast off: But after that King was come back, this Sin appeared with a bare Face, did Ride on Triumphantly, for Rewards were bestowed upon those who had committed it, En­couragement given to do't, and to be Accessory in helping others therewith to Defile themselves; the [Page 2]Example of Great Men Encouraged it, so that it be­came Epidemical, was by both Sexes contracted into an Habit, and accounted a modish piece of Galantry, People Ephes. 4.19. being past feeling, began to Philip. 3.19. glory in their Shame, and were thought to be Commendable for the Practice of it: Thus was the Generality of the Na­tion over-flown with this mighty Stream, and, as it were, in a way to out-face God, to tread Virtue and Chastity under Feet, and renew the Times of 2 Sam. 12.12. lay­ing with other mens Wives in the face of the Sun.

And since the Time we named, that filthy Sin is so far Spread, and hath taken so deep Roots, that as the Prophet saith, Jer. 5.8 Every one is neighing after his Neigh­bour's Wife, and London is become such as Jerusalem and Samaria are Described by the Prophet, Eze. 16. the whole chapt. and the Whore­doms of some Women, no less conspicuous then those of chap. 23. Aholah and Aholibah, which the same Prophet speaks of more at large: And thô the number of such be much multiplied, yet some make themselves more Notorious than others, and they are grown the bolder, because no Effectual Course is taken to Curb them, a Toleration and Indulgence having made them more Brazen-faced, Impunity being an Encourage­ment to commit Crimes, which those who are in Au­thority, whose Duty, and in whose Power it is to Re­strain it, become Accessory to, and Guilty of, and are to Answer to God, as they should to men, for the ill Effects and Consequences arising therefrom.

Magistrates cannot pretend Ignorance of this, either as to matter of Right, or of Fact: As Englishmen they must take notice of the Laws, and cause them to be put in Execution; but as Christians, they know, or ought to know, how often, and in what Stile, the Word of God, both in the Old and New Testaments, speaks of it; which they are concerned to mind, and not to wink at: and 'twill not be amiss for me, here in part, to mention it; Ex. 20.14. Thou shalt not commit Adultery, is as express a Commandment as any in the Word, and one of the Ten, whereof the breakers do incur the Curse of the Law. Two Things we ought to take Notice of; First, That when the Law of God forbids a Sin, all of the same kind are also forbidden, as in this, not only Adultery, but also Fornication, In­cest, [Page 3] &c. Secondly, The Negative or Forbidding Pre­cepts, are of a larger Extent than the Positive; these bind semper, non ad semper, but the Negative oblige always, and at all times. As for Instance, I am Com­manded to Love my Neighbour, and to Gal. 6.10. do him Good, that is, as far as I am Able, and when there is Occasion and Opportunity; for I may happen to have no Means to Relieve a man in Want, at another time he shall want no Relief, but at no time, and upon no Occasion whatsoever, I am bound to do him no Wrong nor Injury; So upon no time nor occasion whatsoever, I must not allow my self in Thoughts, Words, or Deeds, (for the Law requires an Inward, as well as Outward Obedience) to Defile my self, or attempt upon the Honour and Chastity of my Neigh­bour. And God, the more to make us mindful to avoid the foul Sin of Adultery, is not Satisfied to For­bid it in the Seventh Commandment, but doth repeat it in the Tenth, Thou shalt not Covet thy Neighbour's Wife: The Seventh Precept was full Enough, but in the Tenth over and above, God expresly Forbiddeth the inward Desire, Lust and Concupiscence, and every inward motion in the Soul contrary to Chastity. Thus God, who is a pure, and a holy God, hath Command­ed us, in all manner of Conversation, to 1 Pet. 1.15, 16. be Holy, as He is Holy.

Now, that Whoredom and Adultery must needs be Abominable Sins, it appears, because God compares Idolatry to't, and Idolatry is to us, represented under the Names of Whoredom and Adultery: Scripture doth Thunder terrible Curses against this Sin, they who are guilty of it, are excluded from Heaven, and from entering in through the Gates into new Jerusa­lem, Rev. 22.14, 15. for without are Dogs, and Sorcerers, and Whore­mongers, &c. who are threatned of a Judgment which imports Condemnation, Heb. 13.4. but Whoremongers and A­dulterers God will Judge; and because often men are apt to Flatter themselves with Hopes of avoiding that Judgment, the Apostle saith, 1 Cor. 6.9, 10. be not deceived, nei­ther Fornicators, nor Idolaters, nor Adulterers, nor Effe­minate, &c. 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. Ephes. 5.5. For this you know, that no [Page 4]Whore-monger, nor Ʋnclean Person, &c. hath any Inheri­tance in the Kingdom of Christ, and of God. 'Tis 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 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, 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; 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 Ʋn­cleanness, 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, Coloss 3.3, [...] To put off filthy Communication out of your mouth. The Reason he giveth elsewhere, Thess. 4.3, 4, 5. For this is the Will of God, even your Sanctification, [Page 5]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, 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; Jer. 9.2. Oh that I had in the Wilderness a Lodging place, that I might leave my People! Why so? 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, 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, 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? 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 [Page 6]for those that are Guilty of it, and that's no less than Death; Lev. 20.10. The Adulterer and Adulteress shall surely be put to Death. Which is confirmed in Deuter. 22.22. a­nother place. The Scribes and Pharisees said to Our Saviour, how 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 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, 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 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 [Page 7]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 'tis 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 'tis 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 [Page 8]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 'tis 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, 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, 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 'tis 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 [Page 9]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 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, 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 Divine Rule. Now I must come close to the Point.

Wherefore I State the Question thus: There is a lawful and only cause of Divorce, namely the Case of Adultery; what God saith about this in the Old Te­stament, we already Examined; let us now hear what is his Pleasure under the Gospel. Our Saviour Matth. 5.32. and chapt, 19. from 3 to 10. in two places of St. Matthew, decides the matter; the first is in his Sermon upon the Mount, where he Con­demns the common Practise of the Jews, who upon any trivial Account used to turn away their Wives, as when [Page 10]they did not please them, and the like: But I say un­to you, that whosoever shall put away his Wife, saving for the Cause of Fornication, causeth her to commit Adultery: The other Text is in the same Gospel, where our Sa­viour Argues the Case against the Pharisees, who had put the Question to him; Whether it is Lawful for a Man to put away his Wife, for every Cause. In this place, he more at large speaks to the Point, but to the same purpose; he makes a Distinction between the Law of God, which was from the beginning, and the Toleration of Moses, only for the Hardness of their Hearts, to a­void greater Inconveniences, as Abusing and Killing, when they were weary of them: Moses did after the manner of Egyptians, only to prevent a greater Harm, give the People leave to put away their Wives out of a Politick Reason, but our Lord sends them to the first Institution, for therein he Vindicates the Law from the Abuses crept in through ill Custom and Tradition. Moses Tolerated, not because it was not sin, but only to avoid a greater sin, as might be, thorough the Per­verseness of their Heart, making them away, as I said already; and our Saviour declares why those Divor­ces were Sins, (except in the Case of Adultery) be­cause this made them commit Adultery, for God's Law said, Thou shalt not commit Adultery.

This I lay for a Foundation, that Humane Laws, when contrary to God's, cannot make this Void: And thô among Human Laws, several Causes of Lawful Di­vorce be assigned, yet, as said before, Divines and Civi­lians are agreed, that Adultery is a just Cause of it. Our Saviour decides it in an Emphatical way, But I say unto you,] as if he had said, Thô others assign other Causes, yet I own but One, the Case of Fornication, and the Reason is, Because ' [...]s directly opposed to the Essence and Nature of Marriage; whereby, according to God's Order, Husband and Wife are made One Flesh, which Union is broken thorough Adultery; for One cannot be One Flesh with Two or more, she who is joyned to an Adulterer, is One Body with him, as he who is joyned to an Harlot, is One Body with her; for, 1 Cor. 6.16. Two shall be One Flesh: However, for the Woman's Credit, the Bill was given, as also to Secure her in the World; for she was to be cleared from Guilt, or else [Page 11]to be put to Death, according to the Law. Divorce upon such Grounds was contrary to the first Institu­tion of Matrimony; for thô it be a Voluntary Act, yet after it once is Contracted, they may not thorough Fancy and Lust, break the Bond of it; for what God hath joined together, let no man put asunder. Only Adul­tery doth it. Moses complyed with that Humour of theirs; and that Indulgence of his, was not of a Moral Concernment, only for a time; Human Laws do condescend to the Abilities of Men, according to what they can do, but God's Law hath no such Re­gard, it sheweth what they ought to do.

To come closer to the Point: I say, Our blessed Saviour could not have spoken more clearly than he doth, that as no Man may put away his Wife, except in the case of Adultery, so in that case she might be put away with a good Conscience; and this is the true Sense of the Words by the Rule of Contraries: For Christ saith, That whosoever puts away his Wife, ex­cept for Fornication, and shall marry another, com­mitteth Adultery; therefore he that puts her away for Fornication, and marrieth another, doth not com­mit Adultery: Although it may not be Dissolved at the Pleasure of men; for 'tis not only of a Natural and Civil, but also of a Divine Right, being, as already observed, a Divine Institution; yet 'tis not so Indisso­luble, but it may be Dissolved for a Cause, which God approves to be just for it's Dissolution, and that is Adultery; for that Indissolubility is not Absolute, but only in some Respects, and was not intended for a Pu­nishment, but for a Comfort to the Innocent: There­fore Adultery, and such Impurities, are a lawful Cause of a Divorce; and the Woman who hath Perfidiously broken the Conjugal Faith and Contract of Marriage, is justly put away and Divorced, and the Husband doth very well to prosecute her in Law for that End: And let the Success be what it will, Christ absolves the Husband, whose wife is Convicted of Adultery, from the Bond of Marriage.

It is also to be observed, how in that of chapt. 5.27, 28.32. Matthew, our Saviour hath a regard to, and explains the Se­venth Commandment, wherein is Forbidden, not only an Outward, but also an Inward Adultery; for the [Page 12]Law requires Obedience in Thoughts and Heart, as well as in the Outward Act of the Body; so that Lust is in God's Sight, Fornication and Adultery, and in the Law, Adultery, both in Desire and Fact, is For­bidden; For whosoever looketh on a Woman to Lust after her, hath committed Adultery with her already in his Heart. And herein our Saviour opposes his True Interpreta­tion of the Law, to the False one of the Scribes and Pharisees; and his Judgment he declares to be Anti­thesis or Opposition of an Exception forbidding Di­vorce upon Trivial Accounts, but allowing it for a just Cause, namely if the Wife hath committed Adulte­ry: We also must take notice, how in that Excepti­on made by our Saviour, [saving for the Cause of For­nication] He saith not [...] Adultery, but [...] Fornication, whereby every unlawful Communication is signifyed, so that the Word Fornication being more General, and of a larger Extent than that of Adulte­ry, in as much as every Adultery comprehends For­nication, thô Fornication may be without Adultery, which is between married Persons, and is either Sim­ple, when only one of the two is marryed, or Double, when both are; I say, hereby we are taught how great a Restraint Christ puts upon Wives, and how Close he would have them keep to Matrimonial Faith and Duty.

Out of what hath been said, I hope 'tis plain and clear, That a man may justly, and according to the Law of God, put away his Wife in the Case of Adul­tery. As to the Question, Whether the Husband's Fornication, as well as the Wife's doth break the Bond of Matrimony; and whether, in that Case, a Wife may put away her Husband Guilty of Fornica­tion? I Answer, That thô the Husband's Fornica­tion be a Breach of the Faith, promised and given his Wife, yet God doth not Allow the man's, but only the woman's Adultery, to be the lawful Cause of a Divorce: This was the Practise under the Law, the Husband gave the Wife the Bill of Divorce, but the Wife never to the Husband. And herein our Saviour makes no Alteration, thô he had a fair Occasion to have spoken of it, and to the Purpose, in case it had been his pleasure and mind to have admitted it, but [Page 13]nothing is said in the way of Precept, Approbation, or Toleration, in relation to't; the Reason of this Disparity on Man's behalf is shewed by St. Paul, 1 Cor. 11.7, 8, 9. Man is the Image and Glory of God, but the Woman is the Glory of the Man; for the Man is not of the Woman, but the Woman of the Man; neither was the man created for the woman, but the woman for the man. Now the Laws call it Adultery, in as much as the Husband thereby Defiles his own Bed, but not that of another: But a Wife committing Adultery, makes the Adulterer to defile another's Bed, and bring in a spurious Seed into another man's Family; therefore God's Law Levitic. 20.10. condemned both Adulterer and Adulteress to Death, and so should the Laws of every Countrey.

That which made it a Capital Case, Exod. 22.16, 17. & Deut. 22.28, 29. was the Wo­man's being Married; it was Death for any married or unmarried man, to lay with a married Woman, but 'twas not so with the man; for if a man, thô married, had enticed a Maid not betrothed, lain with her, he was to Marry her, or give her Dowry, in case the Father utterly refused to give her: A Rea­son that may be assigned is this; That a man was al­lowed to have many Wives, but no Woman was allow­ed to have more than One Husband, which gave men a great preference above Women, and sheweth how the Woman's Bond was within a narrower Compass and shorter than the Husband's; which comes up to what we say, how thô the Wives Fornication broke the Bond of Marriage, yet the Husband's did not. It must be observed how strict the Law was against Women, in this kind of Sin, that if a Virgin was only Betrothed, and not actually Married, yet if she had suffered her self to be either Seduced, or unvoluntarily Abused, if she had not cryed for help in the City where she might have had it, she was to be Stoned to Death, as appear­eth in the same Chapter. 'Tis observable, Deuter. 22, 24. that the Law, which appointed Sacrifices to make Attonement for many, and several sorts of Sins, yet none there­in was appointed for Expiation of Murther and Adul­tery, nothing but Death could do't.

God's Law doth Forbid Adultery as well as Murther and Theft, so that Adultery is as much the Breach of the Law, as are to Kill and to Steal, and the Break­ers [Page 14]in any Branch deserve Punishment; but if there be any difference, the Severity was greater against Adul­tery than against Theft, the Adulteress was unpardon­ably Punished with Death, but according to their Ci­vil Laws, the Thief was not punished with Death, but Condemned only to make a Restitution, sometimes Two for One, sometimes Four, and at other times Five for One, Exod. 22. So that though, in Relation to God, both these were a Breach of the Law of an Infinite Majesty; and so for both the Law required that Satisfaction, which no Finite Creature is able to give to an Infinite Creator; yet in relation to the Party wronged, the Penalty made a great Difference in the Punishment, the one being Capital, the other not. About this, here the Laws of the Land have made a great alteration; for Theft, when it reaches to a very small Sum, which may be called as little as Nothing, is punished with Death, when Adultery is not; which is quite the contrary of what among the Jews was practised. I know that the Ceremonial Law being Abolished, doth not at all Oblige us, but the Moral we are as much Bound to as they were; as to their Judicial Laws, those which related to the Ceremonial indeed do not Tye us in the least, but those which re­lated to the Moral, and are part and Explanation there­of, do.

Now, one would think, it had been better in this kind of Laws, to have followed the Pattern of those which God gave his People by the ministery of Moses, but our Law-givers thought fit to do otherwise, and we may suppose they had some Reasons for it, if there be any in and for such things; for indeed sometimes such Circumstances happen, as do much Aggravate the Nature of Crimes, as when they grow Epidemical, too Common, and too Frequent, too Bold and Presum­ptuous, then to prevent the Spreading, and other dan­gerous Consequences thereof, the Legislative Power doth well and wisely, and God's Laws allow them so to do, to put stronger Curbs, and lay greater Penal­ties upon Offenders; the Civil Power is allowed to Enforce the Observation of God's Laws, but hath no Dispensing Power to Relax therefrom: Wherefore, if once the Legislative Power thought fit, upon occasion, [Page 15]to lay more Severe Penalties upon the Breach of One of God's Commandments, than there was among the Jews, much more may the same Power revive those Penalties, which once were inflicted by God's Law, and make Adultery a Capital Crime, as it was among the Children of Israel: Certainly nothing can be said, thô never so much, for changing the Penalty for Theft, but there is more for renewing the Punishment, which by God's special Precept was laid upon Adultery; for now that filthy Sin is as Common, Frequent, and Brazen-faced, and Odious, as ever it was, or at this time Theft can be, wherefore the Penalty for Adultery should now be Death, as it was in the beginning: There is no Justice, Equity, nor Sound Reason, to punish with Death, one who Steals Half a Crown from me, and let another, who with bringing in Strange Blood into my Family, Robs it of Thousands and Thousands, to go Unpunished. This, with hum­ble Submission I may say't, were too much for men with their Tradition, to make God's Commands of None Effect.

Another Truth I must make out, which is this: After a Divorce is made upon the account of Adultery, then the man is Free, and at Liberty to marry ano­ther, so that Uncleanness doth Intitle not only to a Se­paration a mensa & thoro, as by a new Unscriptural Name they call it, of Board and Bed, but also it breaks off the Bond of Matrimony; and this Last is a necessary Consequence of the Former; thô there are some men in the World, who allow a Divorce, but deny the Liberty to Marry another, misgrounding their Opinion upon what is said, Matth. 5.32. Who­soever shall marry her that is Divorced, committeth Adultery. But any heedful man, to know the meaning of this latter part of the Verse, will read the whole; Whoso­ever shall put away his Wife, saving for the cause of Forni­cation, ca [...]seth her to commit Adultery. Then followeth, and Whosoever shall marry her that is Divorced, Saving for the cause of Fornication, for this is Necessarily to be understood, committeth Adultery. Good, if she be put away upon a Trivial account, and not for the Cause of Adultery; and in that case 'tis not to commit Adultery, or else our Saviour had Contradicted Him­self. [Page 16]It were most Unjust to make the Innocent to suffer the Penalty due to the Guilty, which will be, if either he be forc'd to keep the Adulteress, or to run the Danger of committing Fornication: And as once a Woman is found Guilty, so let her Suffer, Divorce be granted, and that which necessarily follows, leave be given the Husband to marry another, that being the Remedy provided against Incontinency, for as long as the Disease reigneth, the Remedy ought not to be taken away: Thorough Adultery is broken not only the Use, but also the Essential part of the Contract, and the Tye of it. The Innocent must not suffer, for 'tis not he, but the Guilty that breaks the Bond of Marriage; so that 'tis clear the Tye is broken, because the Fundamental part of that Contract is, thus it cea­seth; then our Saviour's words admit of no Distinction, Restriction, or Limitation, they absolutely approve of Divorce in case of Adultery, and not only in part from Board and Bed, as said before: And every where in Scripture, the Word Divorce, implyes not only a Se­paration between Husband and Wife, but also a Liberty to marry another.

This Point is so generally allowed by Protestants, that 'tis become a Controversy between the Protestant Churches and the Romish, for the Council of Trent, Sess. 14. Can. 7. and Bellarmin de Matrim. l. 1. c. 16. say, That by Adultery Marriage is not wholly dissolved, but the contrary we proved; and Pual 1 Cor. 7.27, 28. saith, Art thou loosed from a Wife? if thou marry thou hast not sinned. Marriage is a Remedy against Incontinency, for saith the Apostle, To avoid Fornication, let every man have his own wife, (v. 2.) and every woman her own hus­band. And when there happens either a Voluntary Parting, or a Legal Divorce, a Brother or a Sister are free. Certainly, when the Bond of Marriage is loosed, as 'tis by Adultery, 'tis no sin to marry, as the Apostle said but just now; he who marries another, as long as the Bond remains undissolved, commits Adultery, but if it be dissolved, 'tis no Adultery. The Argument is this: If for Whoredom the Man may put away his Wife, then the Bond is dissolved, but for Whoredom, as our Saviour saith, the Man may put away his Wife, therefore for Whoredom the Bond is dissolved, and [Page 17]so he may marry another; except for Fornication, that is, without the Cause of Fornication, is an Exception, which happening to be the Case, he is allowed to put her away. Now Christ's Exception, except it be for Fornication, is jointly to be extended to both points of putting away, and marrying another; so, if he may put away, he may afterwards marry another.

In all places of the Old Testament, where the Que­stion is about Divorce, it appears to be the Will of God, that upon some certain Grounds, it should be lawful for Persons lawfully Married, to make such a Divorce as the Parties might marry others, and the Jews never knew of any other kind of Divorce but that, and this we have Instances of here among us: In the New-Testament, our Lord and Saviour, and his Apostles, never gave other Definition of a True Divorce than this; when it is lawfully made, it is law­ful for the Innocent to marry again; in Matth. 19. he speaks but of Two kinds of Divorce, one Unlawful, contrary to the first Institution of Matrimony, when upon any unjust Ground a Man divorceth his Wife; the other Lawful, which is upon a lawful Cause, namely Adultery; he declares against the first, and concludeth for the last, whereby the Marriage is so dissolved; that 'tis lawful to marry another Wife: And if, as it ought to be, by the Laws of Men, as 'tis by God's, the Adulteress was put to Death, there would be no ground left for the Question, Whether the Man may marry another Wife? And I think it a sufficient mi­tigation of God's Law here, to spare her Life, when in many other Countries the Adulteress is justly put to Death.

Now the Two matters of Right are proved. 1st. In Case of Adultery, one may Lawfully put away his Wife. 2ly. Having Lawfully put her away, he may marry another. To this agree our famous Prote­stant Divines, and Casuists, as Calvin, Beza, Martyr, Bucer, Piscator, Perkins, Paraeus, Rive [...]us, Busanus, Po­lanus, Amesius: So doth also the Civil Law: but Dr. John Reynolds hath upon the matter written an Ex­cellent Treatise, which was Printed in 1609. called, A Defence of the Judgment of the Reformed Churches, &c. Wherein he proves the Lawfulness of a Marriage up­on [Page 18]a Lawful Divorce. What the Romish Church saith and doth to the contrary, is to satify her Covetousness, and get Money for granting Dispenses. Thus the Court of Heaven and of Conscience having declared, it concerns the Ecclesiastical and Civil Courts to fol­low: When I speak of the Ecclesiastical Court, I do not intend to make it a different one from that of Conscience, for of all sorts of men, Divines and Clergymen are tyed to the Rules of God's Word, and in a special manner bound to promote his holy Will therein contained, when occasion is offered: They ought to have a watchful Eye over their respective Flocks; when they hear of, or observe any Scanda­lous Practice in this kind, 'tis their Duty first to Ad­monish, and if this cannot prevail, to Prosecute as far as their Station will allow: If they were pleased to take notice of, and endeavour to reform the Abuses that lead into this filthy Sin, which now we Write against, they, with God's Blessing, might sometimes happen to prevent abundance of Evil committed in this Kind, with representing how marryed women ought to avoid not only the Act of Adultery, but all Inticements to, and Occasions of Uncleanness; as are Evil Companies, unlawful Sports; Dangerous Recrea­tions, too Gaudy Cloathes, for their Apparel ought to be Modest; so to avoid Lascivious Gestures, and Obscenous Words: for as in the 7th Precept Cha­stity is commanded, so whatsoever is contrary to't, is therein Forbidden; as Lust in the Heart, the Eyes, or any part of the Body; Filthiness in Discourse, Gluttony, Drunkenness, or any thing else apt to in­flame Lust. And as Matrimony is of a mixed, that is Divine and Human Right, so the Clergy-men, e­specially the Heads, ought in this matter to act in both Capacities, to Censure, Reform, Punish, and ap­pear to be Enemies to Abuses and Abusers in this kind. But 'tis a very sad case to hear any of that Character, in a solemn Assembly, impiously to say, how some Expressions in Scripture, relating to the Point in hand, were Additions posterior to the Ori­ginal, without naming any Author for it.

An Adulteress doth quite destroy the End of Mar­riage; for God said, Gen. 2.18. It is not Good for Man to be alone, I will make him a Help-meet for him. Thus a Wife is given a Man to be a Help unto him, but an Adulteress is a Scourge, and not a Help. vers. 23 And Adam said, in the Spirit of God, This is bone of my bones, and flesh of my flesh: The Husband cannot say of an Adulteress, she is Bone of my Bones, but she is Bone of another man's Bones, and Flesh of other man's Flesh. And what shall we say to what is contained in the latter end of the following Verse? vers. 24 They shall be One Flesh, seeing she makes her self One Flesh with another or others than her Husband, whereby we plainly see the Ends of the Institution of Matrimony are wholly destroyed: And as Man is to leave Fa­ther and Mother, so near Natural Relations, and cleave unto his Wife, and they Two to be One Flesh, so is the Wife to leave Father and Mother, and every other Relation whatsoever, and cleave unto her Husband, that she may become One Flesh with him, as he with her; otherwise the End of the Matrimonial Bond is not Answered, but made Void.

In Scripture Four Things are required, as necessa­ry in Marriage, of those who are under the Bond of it. First, That Husband and Wife should Love One another to the height of Dearness, which is represented by the Love Ephes. 5.22.23, 23.25, between Christ and his Church. Secondly, They ought to Live together, un­less the Calling of God requireth otherwise for a time. Now, a Wife that runneth after other Flesh, 1 Cor. 7, 5. may not be said to Live with her Husband, but ra­ther to depart from him, in which Case she is not Divorced, but goes away her self; and in some Cases happeneth sometime a Circumstance material to the Point of Divorce; namely, when the Unbelieving Wife doth depart from the Believing Husband, and breaks thus the Matrimonial Bond; in such cases, saith St. Paul, v. 15. A Brother or Sister is not under bondage. Thirdly, They ought not to Defraud one another of Conjugal Benevolence; for neither Husband or Wife have Power of their own Body, but mutually each of other's, as v. 3, 4, 5. expressed in the same Chapter; there­fore [Page 20]they may not Dispose of their Body upon o­thers. Fourthly, That the Husband doth behave him self as the Head and Preserver of the Body, and the Wife must submit, and be subject unto her own Hus­band, as her Head, as the Church is subject unto Christ, as in the fore-quoted Ephes. 15. place. These Duties married people must observe, as being the revealed Will of God, and when they are Broken, the Conju­gal Bond is thereby much shaken, but wholly Dis­solved only in the case of Adultery, and the offend­ed Party hath cause, if he pleaseth, to Sue for a Divorce, which may not justly be deny'd, at least a suitable Punishment, which though the Party desi­red not, yet I think the Laws should Condemn the Offender to.

Indeed, 'tis the Duty of the Supream Power, and Magistrates under them, to consider of how great Consequence this matter is for a well-regulated Go­vernment, as 'tis certainly the Ground of all Govern­ment: For what is a Kingdom but a Collection of several Shires, or Provinces? and these Shires of Cities and Towns? and these Towns consist of Hou­ses, inhabited by Families; and these Families com­posed of Husbands and Wives, of Parents and Chil­dren, Masters and Servants; whereof Husband and Wife are the Spring and Foundation: So that who­soever will have a well-regulated Nation, he must begin with Families, whereof Husbands and Wives are the Heads, which is to Build upon a sure and good Foundation, or else 'tis in vain to look for pure Streams when the Spring is corrupt. Adulte­rers and Adulteresses will Propagate a Spurious Brood, stained with Vices derived from the corrupt Blood of their Parents; for too often, on the Bad Side, the Proverb proves true, Like Father, like Son; Like Mo­ther, like Daughter: in some Families we see such Stains, as the Ill Names, and Bad Courses of Parents, do hinder and ruin the Fortune of Children. 'Tis then palpable how Superiour Powers are concerned to make good Laws and Rules, and to see they are Observed, whereby the Disorders which happen in Families, to the Prejudice of Conjugal Duties, be Restrained and Punished. Such good Orders will [Page 21]bring out, at least in some good measure, Men and Women good in every Relation, better Parents, bet­ter Children, better Husbands, better Wives, better Masters, better Servants, better Princes, and better Subjects. The Importance of this Truth hath been so well known by Popes, that where Popery is Predo­minant, they have Ingrossed unto themselves, almost the whole Power relating to Matrimony, with their Dispensing with Forbidden Degrees of Consanguinity and Affinity, and with starting new ones of their own Invention, still reserving for themselves a Dispensing Power for Money; wherein Princes of their Perswa­sion, suffered themselves to be Fooled by them, ha­ving first, by Fraudulent Suggestions, gotten the Im­perial Power into their own Hands, and afterwards, by Force, drawn to themselves the whole Authority of Judging and Determining in Matrimonial Causes, as in most other matters.

Somewhat before we said, how the Civil Law is for us, now we must briefly shew it. Some of the first Christian Emperours, (as well as some Heathen before) to Justinian, and after, being sensible of the Necessity of Preventing Abuses in this matter, by the Advice of able and wise Judges, made Laws to grant Divorces for certain Causes: Such, among others, Cod. The­od. Tom. 1. [...]it. 16. De repudi. fol. 310. were Theodosius and Valentinian. Only Three Causes are given, for which a Wife may Sue for a Divorce, and are therein named; If her Husband be a Mur­therer, a Poisoner or a Destroyer of Sepulchres; but she might not Sue, tho he were a Drunkard, a Gamester or Adulterer: but the Husband might, if she were an Adulteress, a Poysoner, or a Baud; Si maecham, vel medicamentariam, vel Conciliatricem, Fol. 313. are the words: Further, Sané si Divor [...]ium prior maritus, &c. If the Husband first hath desired a Divorce, and Accused the Wife of a great Crime, as Adultery, let him Prosecute her according to Law, and obtain Vengeance, that is, Divorce, and enjoy the Portion and Downy; for so I take it to be the meaning of suam recipiat largitionem, and presēntly must be free to marry another: He upon that account, not on­ly may Sue for a Divorce, which ought to be Grant­ed, but also to retain the Portion and Dowry, and [Page 22]so leave her to the wide World without Maintainance, and also marry another: Nay, if 'twas only upon the Account of Ill Nature and Manners, and not for Crimes, Two Years after he may marry another; Si vero morum est Culpa non Criminum, &c. etiam post biennium ducturus Ʋxorem: Which seems hard. Let it be taken notice of how Adultery is a just Cause of Divorce in the Wife, but not in the Hu­sband.

In the same Code, 'tis said, Quamvis Adulterij crimen inter publica referatur quorum delatio in communi omni­bus sine aliqua Legis interpretatione conceditur, Tom. 3. Lib. 9. Tit 7. ad leg. Juliam de Adulteris ad Evagri­um fol. 57. &c. This Crime of Adultery was so Odious, that any one might be an Accuser, but much more is the Husband con­cerned, for in the said Law it is added, Imprimis ma­ritum genialis thori vindicem esse oportet, cui quidem ex suspicione ream Conjugem facere, nec intra certa tem­pora Inscriptionis vinculi contineri veteres retro Princi­pes annuerunt. Here by this Law, a Husband must first Vindicate and Avenge the Honour of his Bed: And former Princes allowed him to accuse his Wife upon Suspicion, without Prescription of Time; and tho she proved Innocent, there was nothing of Pu­nishment inflicted upon the Husband: 'tis wished, here was in Case of Adultery, no prescription of Time, as there is, for can any rational man say, That a Woman upon Oath of two or three Evidences, Con­victed of Adultery, to be less, or no Adulteress, be­cause she is proved so a Year or two beyond the time of Prescription? Is not a Murtherer, a Murtherer, indeed, and as such to be Punished, because he is Try­ed and Convicted 10, or 20 Yeers after the Murther was Committed? 'Tis not a longer or a shorter time that can make that not to be a Crime, which is a Crime indeed. In my poor Judgment, I must say, any Human Law which presumes to Dispense with God's, is very Unreasonable; God hath said, Thou shalt not commit Adultery, absolutely, without any Restriction, so that to commit it, is with every Person at all times, and in all places without Distinction, a Breach of the Law, and a Sin, and every Sin deserveth Punish­ment.

Again, the Romans were so strict and severe, or rather just, that if a Woman had had her Servants Company, she was put to Death, and he Burned, as [...]t appears by the Law; Tit. 9. Si qua cum servo rem ha­here detegitur, capitali sententia subjugatur, tradendo ig­ [...]ibus verberone. With them, amongst several other Causes of Divorce, were the following; If the Hu­sband can prove his Wife to be desirous of Feasting with Strangers, he not knowing, or not willing; if The lays out one Night against his will, or without just cause, and if she doth frequent Plays, or publick Shews, the Husband forbidding it, also for Adultery, which none that hath any regard to God's Law, can deny to be a just Cause of Divorce; in which case, Christian Emperours favoured much the Husband; For if a man had wrongfully Divorced his Wife, they [...]aid no other Punishment upon him, than that he should give back her Portion, or that called Donatio propter Nuptias, or Dowry; or if there were none of these, the Fourth part of his Goods. Thus the Em­perour, M. Aurelius, answered those who advised him to put away his Wife Faustina, a very Debauched wo­man, If I put her away, then I must give back her Portion, that is the Empire: So he kept one for the sake of the other. He, tho otherwise a VVise man, had not the Spirit of Julius Cesar, who, as I said before, gave no other Reason for Divorcing his VVife, than this; My House must be as free from Suspicion as from Guilt. Indeed, the Honour and Prosperity of Families, doth sometimes so much de­pend upon the Good Behaviour, or Miscarriage of a Wife, that no Husband may be Blamed for looking narrowly into it; and upon this Consideration, An­tient Laws allowed Husband's such a Latitude in those matters, tho some were apt enough to abuse it; wherefore Christian Laws have fixed narrower Bounds, The Cause of Adultery.

Justinian in his Lib. V. & in Authent. 22. ad con: 117. & Cod Lib. 5. tit. 17. leg. consensu. fol. 162. Code, from the beginning of his Fifth Book, thorough Twenty-four Titles, and in his Authentick, 22. and some others, in Constit. but espe­cially God. 'Tis thus. Sicut enim sine justà causà dissolvi Matrimonium justo limite prohibemus; ita adversà necessi­ [...]te pressum vel pressam quamvis infausto attamen necessa­rio [Page 24]auxilio, cupimus liberari. For as we forbid to Dis­solve Matrimony otherwise than upon just Causes, so upon urging Necessity, we desire to afford the wrong­ed Party a necessary, though unhappy, Help and Re­lief; and one of the Causes for the Man is always Adultery; Authent. ut lic. Mat. & aviae causas. Col. 8. Tit. ult. nec ullo modo expellant nisi Adulteram. Let him not turn her away, except in the case of Adul­tery, universally owned to be a Just Cause. Elsewhere many other things to this purpose are to be seen: All this we quote, not that these Authorities be Laws for us, but only to shew the Sense which former Ages had of these matters. But though we have our Mu­nicipal Laws, Statutes, and Acts of Parliament, yet the Authority of the Civil Law is not to be despi­sed, for it containeth much of Reason, Justice and E­quity, and was compiled upon mature Deliberation; and, as I said before, by the advice and help of wise and knowing men; and here we are so far sensible of it, as therein to yield much to our Civilians, and Drs. Commons is a place well known for such mat­ters.

Now to enforce this the more; as we already observed, by God's Law Adulterers and Adulteresses were put to Death, whereby the Bond of Marriage was quite Dissolved; and so at this time it should be here as in other places, then there would be no oc­casion to Sue for a Divorce, nor for leave to marry another. Now, an Adulteress ought, at least mo­rally to be Dead, being covered with Extreme Infamy, which is directly opposed to the Covenant of Mar­riage, which is Heb. 13.4 Honourable in All, and the Bed Ʋnde­filed. Surely God would not have any one to live in VVedlock with those whom he would not have to live at all, And indeed it is neither just, fit, nor ex­pedient, that an honest man should be coupled with an infamous woman. The wise Roman Emperours had so great a Regard to the equal Honour of both married Farties, that they lookt upon those Marriages to be of no force that were contracted between one of a good Name, and another of Bad Reputation.

I shall not say how an Incurable Impotency of Body, Madness, and Leprosie, are accounted just Causes of Divorce, much more Adultery is so, under both Old and and New Testaments; and Christian Princes ought now to be as Careful as ever others were, to preserve Honesty in Families, which are to give a Seed unto the Church, to the Glory of God; hinder their being Tainted with Ignominy, and re­strain Wickedness and Infamy. No Wise and Good Man will deny it to be the Duty, as it ought to be the necessary Care of Magistrates, first with Severity to Punish Whoredom and Adultery, as well as Theft and Robbery; for to Rob me of my Honour, and of my Wife, is to Rob me of my own Goods. Next they are to see that Marriages be Lawfully con­tracted, then that they be faithfully kept. And lastly, That upon Just Cause they be Lawfully Dissol­ved, and leave granted again to Marry, at least to the Injured Party: For God never intended in Marriage, to give a man a perpetual Torment instead of a Meet Help; neither doth God approve that to the Breach and Violation of this Holy Contract, which happeneth when Love ceaseth, Murther should be ad­ded, which is when Hatred doth succeed Love; for, 1 John 3.15. Whosoever Hateth his Brother, is a murther­er,

I think it unnecessary for me to bring any more Evidences upon this matter out of the Civil Law, [...]or out of the Writings of our Protestant Divines. They that have a mind to be more at large Infor­med concerning the Point of Divorce, let them pe­ [...]use what that Famous Divine Bucer hath Written, [...]n his Second Book of the Kingdom of Christ, Dedi­ [...]ated to Edward the 6th, and therein they may find Cause of Satisfaction, as ground of Information: Good Counsel he gave that Young Prince so Zeal­ [...]us for the Glory of God, that well he might have [...]een compared to good King Josiah, if God had [...]een pleased to continue him a longer Life. And [...]ere again I must say, that which cannot too often [...]e Inculcated, how certainly 'tis every Prince's Duty [...]ithin all his Dominions, to Discourage, Discounte­tenance, Restrain, and Punish all Vices, especially the [Page 24] [...] [Page 25] [...] [Page 26]Sins of Uncleanness in general, and of Adultery in particular, to prevent the sad Effects thereof, which so much Dishonour God, and cause Disorders and Confusions in Families: On the contrary, nothing maketh us so like unto God, as Holiness, wherein chiefly his Image in us doth consist, which that filthy Sin is so contrary to. Holiness (saith David, (becomes thine House, Psal. 93.5. O Lord, for ever.

To come nearer our Constitutions, I shall add, out of the Book of the Reformation of Ecclesiastical Laws, first began by Order of Henry 8th, and con­tinued under Edward 6th. In the Chapter of Adul­tery and Divorce, we find these Words in the Origi­nal: Turpitudo tam horribilis adulteriorum est, u [...] aperte decalogi praecepto confossa sit, &c. Whereof the Sense in English is thus: Cap. 1 fol. 47. The filthiness of Adulterie is so horrible as to be plainly condemned in one of the ten Commandments, and according the Old Mosaical Laws [...] the Guilty was Punished with being publickly Stoned [...] Death by the People, and also according to the Civil Law was put to death: Wherefore our Ecclesiastical Judge [...] ought most grievously and severely to Punish a thing s [...] odious unto God, and on which our holy Ancestors infli­cted special Pains and Punishments. Hence it is plain how according unto the Laws of God, given by the Ministery of Moses, by the Practice of our forme good and just Kings, even before the time of Re­formation, and since the Beginning of it, in the day of Henry 8th, and Edward 6th, according to our Ec­clesiastical Laws, the abominable Sin of Adultery may not be spared, which would prove an Encourage­ment to commit it, but ought smartly, and without mercy, here among us to be Punished.

Now, to go on, we come to matters of Fact, a [...] of Right, before the Civil Power: When Mag­strates know the Transgression of Divine and Huma [...] Laws, in relation to Adultery, they are Bound [...] take notice of, and use a course to prevent, sto [...] and punish it: Death was, and still in some place is inflicted on the Adulteress; but 'tis a great mi [...] ­igation to reduce it only to a Divorce. By [...] general Consent of all Nations, which by the Law [...] Nature might know how Sacred a thing Marria [...] [Page 27]is, not to be broken upon every slight Ground; how­ever in some certain Cases, of which Adultery ever was one, they all allowed of it [...] Romulus made a Law, that it should never be Lawful for a Wife to leave her Husband, but to him permitted to leave his Wife in some cases, as of Adultery, Witchcraft, &c. So that our Christian Magistrates, if they will not make themselves worse than Heathens, when a Husband is a Sufferer by the Injustice done him by his Wife, and becomes a Plaintiff, there ought to be a readiness in those concerned to hear his Cause, to examine the Grounds, and at last to do him Ju­stice: And this regardeth not only that sort of Magistrates, that are intrusted only with the Exe­cutive part, to see it done, but also those in whom resides the Legislative Power, to see that Laws be executed; and also, if Occasion, and the Necessity of the Case requires it, to make new ones. Would to God, Magistrates would take such effectual Care to Punish the Guilty in this kind, according to Divine and Human Laws, that no place might be left for Disputes and Questions: The Adulteress is not worthy of Compassion, only of Torments and Pains, chiefly when she hath made unto her self, an habit of that Sin, and no man may have the Charity for the Guilty, as to wish her not to be Accused, for Adultery is a publick Crime, which for it self, and Terrour to others, ought publickly to be Punished, and Discountenanced: And herein, after private Admonitions proved useless, to Dissemble is not praise worthy, as some do fancy, for this Vice introduceth Disorders into Families, Scandals into the Church, and Confusions into the State. 'Tis easy out of Antient and Modern History, to Evidence how For­nication and Adultery have been the cause of the Overthrow of great Empires, of Calamities to Potent Nations, of the Ruin of great Persons, and of very considerable Families. Abimelech, King of Gerar, a Philistine, who having nothing to do with the Co­venant, wanted the true fear of God, yet how do [...] he reprove Isaac, as if in this kind he had laid a Snare against him and his People, for saying his Wife was his Sister: Gen. 26, 9, 10, 11. What is this thou hast done unto [Page 28]us? One of the People might lightly have lien with thy Wife, and thou shouldest have brought Guiltiness up­on us. And Abimelech charged all his People, saying, he that toucheth this Man, or his Wife, shall surely be put to Death. This was to secure both Isaac's Life, and Rebeckah's Honour, which last they would hardly have attempted upon, but after the destruction of the first: In Egypt, Pharoah's words Gen. 12. to Abram, were to the same purpose upon the like Occasion: So sensible they were, how they ought not to med­dle with another man's Wife, as long as her Hu­sband is alive; and this was the Ground of Israel's fear for his Life, thô thereby his Wife's Honour was the more exposed, for she being look'd upon as unmarried, people had been more free, and would have thought it had been more lawful for them to have attempted upon her Chastity. But not to insist upon this, out of so many Instances I could produce to demonstrate the great mischiefs caused by Uncleanness, let these Three serve for all; that Sin Ruined the Trojan Empire, brought the Danes into England, and the Moors into Spain.

If Christian Magistrates would but strictly Execute that which Divine, and some Human Laws, have pre­scribed, that Wickedness could be restrained, and the World not so much troubled and stained with it; but they indulge and wink either for Money, Favour, or out of Corrupt Inclination: They ought narrow­ly to look into, and Examine the Grounds, whether true or false. And as the Innocent is not to suffer, so the Guilty must not go Unpunished, thereby to be hardened in their Evil ways, and become Prece­dents for others to do the like. This concerns great Persons more than Inferiours, for as they stand upon the point of Honour more than ordinary people, and to keep Infamy out of their doors, left it comes in, and stains their Blood to Posterity, so they ought to help to drive it out of their Neighbours, and Peers Mouses, and to keep it farther off from theirs; for that which to day is the case of one, may the next be that of another; and they who do not mind it, may be said in a high degree to have forfeited a true Sense of Honour, and to deserve that Fire should [Page 29]come into their Bed, which they would not help to Quench in their Neighbours. 'Tis too true, how Prostitute Women generally find more Favour than the Vertuous, a strong demonstration of the Corru­ption of the Times, and of the Depravation of the Nature of some, more than of others; and as Cor­ruptio optimi est pessima, so where the greater the Honour ought to be, the more conspicuous is the Infamy when men fall under it, Great Men may not be ignorant how their Inferiours fix their Eyes upon them, and they must have a care not to give just Grounds of Ill Opinion of their Behaviour, for else, instead of the Honour and Respect, which other­wise they might expect, they shall become Despica­ble and full of Contempt. In this World every one ought to answer his Character, and behave him self as becomes his Quality and Station. The great sign of a Man of Honour is for him to do nothing but what is Honourable, and according to the strictest Rules of Vertue; and keep Dishonour out of his or her Family, for I speak to both Sexes, for want of which care, men often bring upon themselves a whole load of Infamy, and like a Carrion, thô alive, yet, above Ground, do Stink in the Nostrils of o­thers.

Those who in this case of Fornication and Adulte­ry, are called to Judge between Party and Party, ought, as Scripture saith, to be men of Truth, Exod. 18.21. fearing God, and hating Covetousness. Not prepossessed with Prejudice, Partiality, or Passion, ever remembring they Judge not for themselves, but for God, who is present in every thing they do, and the Sovereign Judge; and if I may so say, he comes in as a par­ty for the Breach of his Laws. Wherefore 'tis their Duty and Concern, to Enquire into, and Examine things, not to deny Justice, but to render it, and punish the Guilty; and Examples must be made to strike as Terrour into vicious Persons, to Curb them from doing, out of fear of Punishment, that which they will not do for love to Vertue.

Some will say, If Divorces be granted, then pre­sently all will be full of them, and the best way to pre­vent, is not to grant it.

This is a general Objection drawn out of Bellar­min, against Divorces. Then, say they, a Gap will be opened for infinite ones; if the Innocent may marry, so may the Guilty, and many would be glad of Occasions to put away their Wives to marry others; we know how sometimes things are apt to be abused, but of necessary things, the Use must not be taken away for the Abuse sake; a Wronged Plaintiff must be Relieved, if there be Justice upon Earth; Di­vorcement of an Adulteress is a Punishment for her Sin, now 'tis but Justice to Punish the Guilty: But to say, that a Marriage with another, after a lawful Divorce, is unlawful, and that a Divorce in the Case of Adultery, ought not to be granted, is as if one would conclude, that Judges must not punish Rogues, and Murtherers, because so doing, would open a way to many Hangings; fiat Justitia, saith one, ne pereat mundus; Justice saves the World from Ruin. And thô there be those, who to get an Occasion for Divorce, would pick unjust Quarrels with their Wives, it doth not follow but that these who have a just Cause for't, should be allowed it; Because Thousands of Innocent Persons have wrongfully been put to Death, must not the Guilty as Traytors, Blasphe­mers, Murtherers, and Idolaters, be put to Death? Certainly, the matter is impartially to be enquired into, and as the Innocent is to be cleared, so the Guilty ought to be Punished. Besides, thô Divorces upon lawful Grounds were granted, that they should thereupon spread so far as they pretend, that is not very likely, seeing among Jews, Greeks and Romans, where Divorces were allowed, they were not, as far as we read, very common neither, except they will say, we have among us many worse men, than ever they had: I will grant we may happen to have as bad as ever they had, yet, to avoid one Inconveniency, we must not run into a greater one: The ready way to prevent both, is Impartially to do Ju­stice; for Prov. 17.15. he that Justifieth the Wicked, as well as he that Condemneth the Just, they both are Abomination to [Page 31]the Lord. This I must say, how indeed 'tis very hard and unjust, for want of doing Justice in time, thereby to prevent Inconveniencies, to make any one run the Hazard of having another man's Child imposed upon him, because he is within the four Seas, and to Succeed in his Estate and Title.

In matter of Treason, one Overt Act proves the Designing and Compassing of the King's Death, and bare Words, without any actual Attempt, are accounted an Overt-Act, and Treason doth reach not only to the King's Person, but also that of the Queen, and of the Heir-apparent to the Crown; nay, a de­sign of Falling upon the King's Guards is made Trea­son: all this very well for the Security of those lives, which the safety of the Kingdom doth sometimes de­pend upon. So, certainly a great Regard must be had to preserve Right and Property, and to prevent In­trusions, Disorders, and Confusions in Families, which Evil is the more dangerous, because it spreads the further, and becometh the more Epidemical, and may soon reach the very Vitals of the whole Government, and the Throne it self; and thus a whole Nation from Head to Foot, become Sons and Daughters of Whore­dom and Adultery: Therefore all imaginable Care must be had to put a Restraint upon such Evil Cour­ses as lead into such Dangers. Now, as to Adultery, if, as we ought, we have a regard to the Law of God, the same Severity should be used to punish it, as Treason and Murther; for God, who saith, Thou shalt not Kill, hath also said, Thou shalt not commit Adultery. Hence it is, as I said before, that by God's Law the Adulterer and Adulteress were put to death, as well as the Murtherer. A Thief for stealing from me the Value of Eighteen-pence, shall be Hanged, and he or she that Robbeth me of my Reputation, and my own Blood of my Estate and Succession, shall go free and be unpunished: This indeed is very strange and un-equal.

As to the Laws of men, I shall allow a Dispropor­tion, how with some, Treason is a greater Crime than Adultery, (though with others both are Capital) so let the Punishment be less, not to reach to Life for Adultery, as for Treason, Murther and Theft: [Page 32]However, when we come to prove matter of Fact, there is in some Cases for Adultery to fill up the Disproportion: Shall not actual Attempts be Equi­valent to prove a Fact, as well as bare Words? If Treasonable Words be proved against one, he is thereby Convict of Treason; and if a man be found alone in a suspected place with another man's Wife, lockt up in a Room, and upon Oath in such a disho­nest and unbecoming Posture, with such other Cir­cumstances, not fit here to be named, which though they prove not rem in re, yet are not only strong Presumptions, but also clear Evidences of a Design, and actual Attempt to commit Adultery; much more when Fruits of such Meetings appear, it may reasona­bly be concluded, specially after a publick Noise in the World of such Intreagues, that this is not the first meeting they had upon such an account. When once Affections are Debauched, and both Parties wil­ling to meet, they shall not want Occasion, at one time or other, though never so strictly observed, to indulge their Lust; much more, if both Parties be free from any Watch set upon them: After such E­vidences, doth not this cerrainly and justly deserve the Penalty of the Law, namely, a Divorce? 'Tis a sad and shameful thing, that among such Christians as make a Profession of owning the Word or God's Laws, (especially those that are of a mixed Nature, and regard in part Religion, and in part Order and Preservation of Society) should not, as much as may be according to the Pattern of God's Law, the Rule of all Equity: but the Accident must be minded more than the Substance, and the Shadow be pre­ferred before the Body, for want of one Circum­stance: And because such a Crime was committed within a Year or two before such a Time, that is, before the Offender was Prosecuted for it, though proved Guilty, yet must escape. Is not an Adulte­ry committed Seven Years ago, an Adultery as well as that committed within these Four or Five? Can that Circumstance alter the Nature of the Thing, and make that not to be Adultery, which is so in­deed? Shall we find Justice no where, on the Right, or Left-hand, Above, nor Below? After this, [Page 33]one may say, 'tis not to be found among us, which way soever we turn ourselves to have it: Then we must look up to God, who in his due time, will for certain render it, and may be with a Witness against the Guilty, and all that are Accessory to't, as are of all the Evil committed since, those that spared and justified the Wicked.

The Law hath so well provided in Cases of ano­ther kind: If a man hath spoken Threatning Words, he is Bound to his Good Behaviour. An Attempt of Rape, though not Executed, deserveth Death, though this may be as Unvoluntary as Adultery is Vo­luntary. That party which giveth and exposeth that which is not her own, ought to be Punished as well as he who taketh that which is not his own: Now, we know, that 1 Cor. 7.4. The Wife hath not Pow­er of her own Body, but the Husband. Must the Hu­sband be Betrayed, and know that to be given to o­thers, which is his own, and take great Care and Pains to get and preserve an Estate for a Stranger's Blood, and have his Bed daily Defiled without Help and Remedy, 'tis very sad indeed, chiefly in a well governed State. Jerem. 2.24. A wild Ass used to the Wilderness, that Snuffeth up the Wind at her Pleasure, in her Occasion who can turn her away? All they that seek her, will not weary themselves, in her Month they shall find her. No wonder, because she is Wild, if during Rutting time and Madness, none will take pains in vain to reclaim her, yet there is a time when she comes to her self, in her Month, and shall there be no Time, nor Way to Tame an Adulteress? Must she run as far, and as long as she pleaseth without Restraint in her Wickedness? And must she be Indulged and In­couraged in her evil Courses? Few such Examples can soon Infect a whole Countrey, for Evil Ones are followed rather than Good. If we have good Laws, why are they not put in Execution? If in this kind we want them, or they be defective, why should we not have them? Gal. 3 [...] 19. The Law must be added because of Transgressions. When Transgressors are increased, if Laws in being are not sufficient to Restrain them, they must be Multiply'd, if Old Ones be Dormant, let them be Revived and put in [Page 34]Execution. This doth depend upon the Prudence of Law-givers, who from time to time, as they see Cause for, do Enact New ones; yet this may be said, none can be made more Necessary for the Glory of God, and the Good of Civil Society, than to pre­vent and punish Adulteries, whereby Order, Interest, and Peace of Families are over turned: Base and corrupt Blood being mixt with Noble, it peopleth the Countrey with a Spurious Brood, and makes the Nation to Degenerate from Vertue to Vice; If this Evil ariseth out of Remissness in the Executive part, there it ought to be Remedied, and Punishment in­flicted as well as upon Adulterers and Adulteresses, who thorough Perjury and Breach of the Matrimo­nial Bond, and by such abominable ways, do what they can to Confound and Ruin Families, which should deserve no less than Death, so that Divorce is a great Mercy, and thorough this gentle Punishment, they have time allowed, if God be pleased to give them Grace to Repent of their Lewdness: But to some may be applyed what God saith, Jerem. 3.3. Thou hast a Whores Forehead, thou refusest to be ashamed.

Here I suppose a Case: A Husband upon Infor­mation given him, and out of his own Observation, findeth he hath Cause to Question his Wife's Ho­nesty, and that she is Unfaithful to him, he knows the Person, and is acquainted with several Circum­stances of time and place, and after a further In­quiry into the matter, he is perswaded his Wife hath abused him, her own Behaviour doth daily more and more confirm him in his Opinion; she keeps Com­pany with such as he dislikes, and hath given her Warning not to do't, yet she is so Fond of that So­ciety, that if she cannot publickly see the party, she will do't in private, and venture rather parting with her Husband, than to be deprived of the Com­pany of her Gallant, who long before hath sufficiently Ruined Her's, and Husband's Reputation: The Hu­sband takes no publick Notice of it, as long as he can endure it, and until it becomes spread abroad as much as any thing of that Nature can be: This Woman at last being passed Shame, keeping no long­er any Measures, and being broken so loose, that e­very [Page 35]one that hath a mind may take Notice of her Miscarriages, having forfeited Honour, and void of Thankfulness for a Husband that hath given her a high Rank, continues running on in her former Courses. The Husband can no longer forbear Complaining in Publick, and according to Law; the Woman, in­stead of with-drawing somewhat out of the Croud of the World, which every Person of Vertue and Inno­cency, under such Circumstances, would do, appears abroad as often, and with as much Pomp and Vanity as ever, finds such Friends as most Women of ill Character have, by their means, under the Notion of want of some Formalities and Customs, the Prosecution is first Weakened, then Stopt, after which, we Ride Triumphing up and down the Streets.

It is known how our Laws make it extraordinary difficult to Prove things of that nature; 'tis a Work of Darkness, and so hard to be brought to Light, and when 'tis committed, the Guilty avoid the Light, do not seek for, nor admit of Witnesses: Though Proofs by some, thought to be Competent, be brought in, which to give to the least that can be, may, in the Judgment of many, be called strong Presumpti­ons, yet they go further when compared with the whole Carriage of a Woman of an Ill Reputation, who careth not to take any pains to remove the evil Opinion which people have of her; a Behaviour ve­ry different from that which Persons of that Sex, and of Honour, hold to redeem their Reputation, when it falls into Jeopardy and under Censure. Once 'twas here the Case of a Nobleman upon the account of Adultery, to Sue for a Divorce, which was obtained, and he Married again, which may be a Precedent to other Cases of the like Nature. It ought to be the Hearty Wish of every True En­glishman, to have Justice equally distributed, for one as for the other, and of every true Protestant, with­out doing any Wrong, to see Dignities and For­tunes, to continue in Protestant Lines and Fa­milies,

When Reasons of Piety, Vertue, Honour, and Duty cannot prevail, then Fear and Punishment ought to be made use of: If Lewd Women would but hear what saith a Wise King, who at his own Costs, had gotten a great Experience in these mat­ters, they might from him Learn Useful and Profita­ble Things, against their Course of Life: But, alas! they care not for Solomon's Books, or any other part of Scripture, for their Lust is their God, and to Sa­tisfy it, their Aim, However, let us hear what a Character he gives of an Adulteress, and see how fitly 'tis appliable to some in our times. Prov. 7.11, 12. She is loud and stubborn, her Feet abide not in her House. Now is she without, now in the Streets, and lieth in wait at every Corner. Stubborn to every good Counsel; at Home she cannot stay, 'tis not a fit place to entertain Lovers under the Husband's Eye; some may hap­pen to watch over her Actions, there all necessary Freedom upon such Occasions, may not be had: She is to be seen up and down the Streets, sometimes the fair Coach stops in a Corner, waiting for an Answer to some Errand which a trusty Servant is gone upon; and in the Coach, v. 10. She is with the Attire of an Harlot; that is, with Patches, Painting, uncovered Brests, an Eye sparkling a Fire of Lutt, and one Gesture or other that betrays her inward Corruption.

However, she is to be found at Home, when the v. 19.20. Good Man is not at Home, when he is gone a long (or a short) Journey: Hath taken a Bag of Money with him, and will come home at the Day appointed. Till then, the Gallant is free to come, and is invited to do't; how well doth this fit our times? Then, saith she, ch. 9.17. Stollen Waters are Sweet, and Bread eaten in Se­cret, is Pleasant. Afterwards, Ch. 3 [...].20. She Eateth, and wipeth her Mouth, and saith, I have done no Wickedness. Such is the way of an Adulterous Woman. Therefore, no wonder if these things make a Man uneasy, when he hath found them out; ch. 12.4. for, as A Vertuous Wo­man is a Crown to her Husband, so, she that maketh Ashamed, is as Rottenness in his Bones. Very painful and troublesome: But there is a Danger greater than all this: What's that? Life is in Dan­ger: ch. 6.26. [Page 37] For the Adulteress will Hunt for the Pre­cious Life. When a Husband is too clear-sighted, he becomes troublesome, and lays in the way, then he must be Removed; Would to God, of this we had not so many Instances, as there are in the World! When a Woman loves another better than her Hu­sband, then the Husband's Life is not safe, where­fore 'tis no wonder if those that are concerned, do look to't, it were in them a prodigy of Stupidity if they did not; he cannot be sure of his Life that sleepeth with a Snake in his Bosome, there being so many ways to send one packing out of this World: When once the Devil hath prevailed upon a Woman in a settled way to be False to her Husband, he may on the Adulterer's behalf, happen to lead her fur­ther, and form a Combination between them, after they have taken away his Honour, to deprive him of his Life, for the Devil was a Murtherer from the beginning, and that Adultery can be followed by, and end in a Murther, for commonly Sins go by Cou­ples; we have a sad Instance in David's case, a man, otherwise much better than most Adulterers. Some­times the Adulteress is not satisfied to bring the A­dulterer to a Piece of Bread, but also she will bring Her Husband to his Grave: Therefore, in that same Chapter, God, by Solomon's Pen, goes about to Terrify men from the Sin of Adultery, by rea­son of the Danger, for he compares it to Fire and to hot Coals: v. 27, 28.29, 32. Can a man take Fire in his Bo­som, and his Clothes not be Burnt? Can one go upon hot Coals, and his Feet not be Burnt? So he that goeth in to his Neighbour's Wife. Whosoever toucheth her, shall not be Innocent. And Three Verses lower; Whoso committeth Adultery with a Woman, lacketh Ʋn­derstanding, he that doth it, destroyeth his own Soul. But if this Consideration cannot work upon the Minds of the Adulterer and Adulteress, as it doth not without a special Mercy of God, yet as the Crime is common to both, so also a common Dan­ger hangeth over their Heads; for thô they seem not to care for God's Judgments, and thorough one way or other they escape Human Justice, I mean of those men in whose Power it lays, and whose Duty [Page 38]it is to punish them, yet they are not out of dan­ger on the side of the wronged Husband; for v. 34.35. Jealousie is the Rage of a Man, therefore he will not spare in the day of Vengeance. Which he may happen to take some occasion to execute. Jealousie, saith he elsewhere, Songs 8.6. is cruel as the Grave, the Walls thereof are Coals of Fire, which hath a most vehement Flame. In desperate Cases, sometimes desperate Remedies are made use of; and thô I would by no means ap­prove of such Courses yet the thing might be at­tended with such Circumstances, as in some mea­sure might extenuate and excuse the Fact, in the sight of men. God complaineth Isa. 59.4. that None calleth for Justice; but if it be called for, give God no cause to complain that there is none to render and execute it: Indeed the Magistrate is bound to afford the Plaintiff Husband Relief, when he hath just cause to sue for it, and not be Partial out of By-ends, and cor­rupt Principles.

And, if I may be so bold, I will add, their Care ought to be extended, not only against Adultery in some special Cases, but also against Fornication, and all Uncleanness, according to Law, not only punish­ing Persons, but suppressing Places that are Harbours, and Seminaries of Debauchery in that kind, which draws every other after it. The Toleration of such things is fit for Rome, that spiritual Sodom, where a Trade is carried on, and a carnal Gain made by such things; which, Acts 17.30. In times of Ignorance God winked at, but now Commandeth all men, every where to Repent. But suppose we should want Grace as a Motive to Suppress Fornication, with all Circumstances and De­pendencies, and out of a Principle of Conscience, yet if we will but follow the Dictates of Reason, we shall find a Necessity to do't for the publick Good, to pre­serve Order in the Kingdom, and to prevent Confusion with abundance of Mischiefs, as Quarrels, Thefts, Robberies to supply Lusts, Treasons, Murthers, and all kind of Villanies, and in few words, the Ruin of Soul, Body, and Fortune arising therefrom. That sort of Women, I should say Vermine, are very dan­gerous to Seduce Young and Old, but Young Men especially, that are unacquainted with their Tricks, [Page 39]whereof Flattery is the most inticing and pernicious. A proper Character which Solomon gives of a Whore, by him called the Strange Woman, is in Three places expressed thus: Prov. 2.16. and 7.5. and 5.3, 4, 5. She flattereth with her Words, and he enlargeth thereupon; For the Lips of a Strange Woman drop as an Honey-comb, and her Mouth is smooth­er than Oyl. But see the End of it. Her End is Bit­ter as Wormwood, Sharp as a Two edged Sword, her Feet go down to Death, her Steps take hold on Hell. Again, ch. 7.27. Her House is the way to Hell, going down to the Chambers of Death. And elsewhere, ch. 9.18. The Dead are there, and her Guests are in the Depths of Hell. Thus that Wise Man by his own Experience, sets her out to the Life, and Draws her in her own Colours. Would to God, Men would once but seriously Consi­der, how the Lord is present every where, and nothing is, or can be hidden from his Sight, for he hath an All seeing Eye: ch. 5.21. For the ways of man are before the Eyes of the Lord, and he pondereth all his goings. And, ch. 15.3 The Eyes of the Lord are in every place, beholding the Evil and the Good. Then, may be, they would avoid doing that in his Sight, which they would be ashamed to commit before the meanest man in the World. Jerem. 16, 17, Mine Eyes, saith God, are upon all their their ways, they are not hid from my Face, neither is their Iniquity hid from mine Eyes. And at last to be called to Judgment for all, because God is of purer Eyes than to behold Iniquity with Approbation, and without Punishment.

Before I make an end, I must not omit to lay be­fore those whose Duty it is to stop. this Mischief, and do not, some things out of the Word of God, which here they ought to make their Rule, and which here­after shall be their Judge. That Righteous Man Job sheweth an Abborrency of Adultery, even without coming to the very Act, in these following Words: Job 31.9 10, 11, 12. If mine Heart have been deceived by a Woman, or if I have laid wait at my Neighbour's Door. As if he had said, If there hath been in me so much as a Thought, a Desire, a Design, And what if so? Then let my Wife Grind under another, and let another bow down upon her. That is, if I have done it, I deserve to be served so; for often God doth inflict a Punishment of the same [Page 40]Nature as the Sin is that procured it: Sinners are Punished in the same kind as they Transgressed, but why so, Job? He answereth; For 'tis an hainous Crime, yea, it is an Iniquity to be Punished by the Judges. For it is a Fire that consumeth to Destruction, and would root out all mine Increase. By reason of the Curse of God entailed upon it: But let it be taken notice of, that as God will visit for it, so it is an Iniquity to be Punished by the Judges, 'tis the Duty of Judges to Punish it: And lest Judges would excuse themselves, saying, we want Proofs, God offers himself to be a Witness, and a swift one too, Malachy, 3.5. I will be a swift Wit­ness against the Adulterers. Often Witnesses, as long as they can, decline to give in their Evidence, but God doth not so, ye shall not want Ground of Con­viction saith the Lord, rather than you should, I will be a Witness my self, and bring to light those hidden works of Darkness. O ye Judges, I will take No­tice how you behave yourselves, for in the same Verse God saith, I will come near to you to Judgment, to observe whether you do Justice in such Cases, and to Judge you if you do not.

God takes Notice of this Sin, suffers it to go on, to give Judges and Magistrates time to Punish it, Ezek 22.9 In the midst of thee they commit Lewdness: This is not all, it goes on, One hath committed Abomination (observe the Word) with his Neighbour's Wife. I will surely Visit for these Things, saith the Lord, if unrighteous Judges will not Judge them. Then chap. 23, 45, 46, 47, 48. The righteous men, they shall Judge them after the manner of Adulteresses: How so? I will bring up a Com­pany upon them, and will give them to be Removed and Spoiled; and the Company shall Stone them with Stones, and dispatch them with Swords, they shall slay their Sons and their Daughters, and burn up their Houses with Fire. When that Sin is not Punished with private Judg­ment, at last God doth it with publick: The Con­cealers, the Denyers of Justice, become Accessory, and this bringeth publick Judgments upon Cities and whole Kingdoms: And Thus, saith God, will I cause Lewdness to cease out of the Land, that all Women may be taught not to do after your Lewdness. The Lord not only maketh Adulteresses Examples of his Judgments, [Page 41]but also makes them Examples to others as a Buoy to take Warning by: When God hath been, as it seemed only looking upon for a while, then he sitteth upon the Judgment-seat and judgeth, ch. 16.38. I will judge thee as Women that break Wedlock. As indeed Pu­nishment is ty'd to the Tail of Sin, when un-repent­ed, Rev. 2, 20, 21, 22. I gave her, Jezabel, space to repent of her For­nication, and she repented not; behold I will cast her into a Bed, and them that commit Adultery with her into great Tribulation.

But to return close to our Point, and which is our main Design, to ground it upon the Truth of God's Word, which we lay our chief stress upon: Before I conclude, I desire the Reader to remember what our blessed Saviour, the great and supream Judge, said upon the matter, and to make him take the more notice of it, in few words, I shall make a kind of Recapitulation of the Substance of it; out of which it doth clearly appear, that in this point of Divorce, Two things occur to be Discussed, which our bles­sed Lord doth by his Authority decide, in the two places of Matthew's Gospel, already Quoted; in the first Occasionally, when he purges of, and refutes se­veral false Glosses, which the Scribes and Pharisees had put upon the Law: but in the last, he speaks to't, as being the matter in hand, and directly to answer the Question put to him, Whether for every Cause a Man might lawfully Divorce his Wife? Which he denyed, and gave reason for it out of Gen. 1, 27. and 2.24. But because, as the Evan­gelist Observes, they came unto him, Tempting him, and this design was, if possible, to make him Con­tradict Moses, John [...]. as at another time they would have done, in the Case of the Woman taken in Adultery, that they might have something wherewith to Accuse him; here to Intangle him, they brought in Moses's Authority, who had commanded to give a Writing of Divorcement, but of it he gave a Reason, namely their Hardness of Heart, whereat they could not be pleased: And in the following Verse, he Magisterially and by his Legislative Authority thus Decided it: But I say, &c. These Words to be compared with those of Chap, 5. which are Parallel, and about the [Page 42]same Subject, as quoted before, and both do plainly affirm the self same thing, which hath two parts, the first about Divorce, the Second about Marrying again after it.

As to the First there are Two Things, one Expres­sed, the other Implyed, and this last as well as the first coutained in the Text: Our Saviour affirm that no man may Divorce his Wife, for every Cause, vain and trivial, as the Jews used to do, but at the same time he declares there is one Cause, and on­ly that, which he names Fornication, for which a Man may lawfully put away his Wife: For when he denies that any man may Divorce his Wife, except for the Cause of Fornication, at the same time he im­plieth that Fornication is a lawful Cause to put her away, and every Divorce Grounded upon that Cause, and none else, Is Lawful; or else, why should he make that Exception? If his Intention had been to Teach that there is no just cause in the World for a Husband to Divorce his Wife, he would ab­solutely have spoken it thus, for no Cause whatsoever, and not have assigned one with an Exception, Saving for the Cause of Fornication; he must be Blind who cannot, or Obstinate that will not see this Truth out of both these places.

But they both do also afford another Truth, as a just and right Consequence of the former; if the Di­vorce be unlawful, then a second Marriage, is unlaw­ful, which by the Rules of Contraries implies, that if the Divorce be Lawful, then a Second Marriage is also lawful, so any man who hath put away his Wife for the cause of Fornication, may marry another, for there is no middle, either make the Divorce Un­lawful, and the second Marriage Unlawful, or the Divorce Lawful, and a second Marriage so. These two things are so depending one upon another, and so much the Consequence one of another, that we see our Saviour doth injoyn them together, that having spoken of the Divorce, he presently and immediately mentions a Marriage of both Parties, in the 5th chapt. of the Woman, and in the 19th of both Man and Wo­man. 'Tis said, Whosoever shall put away his Wife, saving for the Cause of Fornication, causeth her to [Page 43]commit Adultery: How doth he cause her to com­mit Adultery? Because she Marrieth another; if she would continue Single, there would be no Adul­tery committed, but she marrying another Husband, and the Marriage with the first holding still, and not being dissolved, because Fornication which is the true Cause of Divorce, did not intervene, then such Mar­riages are meer Adulteries: So then, the Husband who hath unlawfully Divorced his Wife, if he marrieth ano­ther committeth Adultery, and the Wife that is thus unlawfully Divorced, if she marrieth another Husband, doth also commit Adultery; but neither Husband nor Wife, if lawfully Divorced, though he marries another Wife, and she another Husband, do commit Adultery. as observed before by the Rule of Contraries: A second Marriage is an Effect of a Divorce, so if the Cause be Good and Lawful, or Unjust and Unlawful, the Ef­fect must be such.

It is well known how by the Jewish Law and Cu­stom, a Woman Divorced might and did marry ano­ther, and our Saviour finds no Fault with this, nor with marrying again, but with their Divorce without just Ground and Cause; for if they were lawfully Divor­ced, they might Marry again: For, as observed before, Marriage is the Remedy which God hath appointed against Incontinency, so that those who are lawfully Divorced, if they have not the Gift of Chastity, as the Apostle saith, to avoid Fornication, must Marry, 1 Cor. 7. What must a Man do after he hath put away his Wife, and she, after she hath been put away, and they cannot Contain, must he turn an Whore-monger, and she an Harlot? How can this be justified after a law­ful Divorce? With Paul, I may say, Heb. 13.4. Marriage is Honourable with all, but Whore-mongers and Adulterers God will Judge. Heb. 13.4. In his due time, thô often, 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, 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 [Page 44]it. This I must add, That 'tis 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 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 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 Ʋncleanness, God reserveth unto the Day of judgment to be Punished, with a Pain Adequate to their Sin.

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 [Page 46]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 'tis 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, 'tis only to bear Record unto the Truth! For, 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, 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, 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: 'Tis 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 often the mean­est men cannot endure to be named as witnesses unto a Lye, how much more will the most Infinite, Glorious, True, and Holy God, suffer his Sacred Name to be so Abused, as to Shelter and Countenance a Lye?

An Oath was ever lookt upon as a Thing so Sa­cred, that in all important matters, men could find nothing Surer or Stronger, to Tye one another to the Truth of what they said or promised, then to put them to their Oath. Thus Abimelech, to make [Page 48]sure of Isaac, said to him, Gen. 26.28. Let there be now an Oath betwixt us, &c. that thou wilt not hurt us. For when Men or Women do take an Oath, they thereby Numb. 30.10. Bind their Soul by a Bond with an Oath. And we read how before that time, Abimelech had made Abra­ham to Swear, Gen. 21.23. Now, therefore Swear thou unto me here, by God, that thou wilt not deal falsely with me, nor with my Son, nor with my Son's Son. Thus also Abra­ham made his Eldest Servant Gen. 24.2. to Swear, about the Charge he gave him concerning a Wife for Isaac: And we are to Observe the Servant's Conscientious Care and Tenderness about the Oath, v. 5. and A­braham's explaining how far he Thought to Bind him by his Oath, v. 8. which Oath the Servant remem­bers, v. 37. So Jonathan, after he, to assure David of his sincere Love, had Sworn and said to him, The Lord do so and much more to Jonathan, 1 Sam. 20.13.17. He caused David to swear. This is the last and surest way to en­gage men to be True, as to make God concerned in their Dealings of one with another; for, 'tis supposed that though they care not for men, yet they will have a regard unto God, who will not fail soon or late, to avenge his own Honour, if wronged.

Wherefore, because we must Swear by a Greater, Heb. 6.16. For Men verily Swear by the Greater, than them­selves, and that's by God, or in his Name, for Three Reasons, First, God hath expresly Commanded it, Deuter 6.13. Isa. 45.23. Heb. 6.13. Thou shalt fear the Lord thy God, and serve him, and shalt swear by his Name. And when God Sweareth, he Sweareth by himself, ( l) I have sworn by my self. The 2d Reason, because an Oath is a Religious Invocation which is due to God alone. Thirdly, Because God alone knows the Heart, and he is able to judge of the Truth, or Falsehood of our Thoughts. So then, when we call God to Witness, we render that high and special Worship that is due only to him, for there­by we bear Witness that God is present every where, sees and avenges all Falsehood and Unrighteousnesses of men, which things are proper to God alone: So then, to Swear in God's Name, is a part of his Wor­ship, wherefore not only as we said before, God Commanded to Swear by his Name, but hath also Forbidden to Swear by False gods, and Creatures, [Page 49]not so much as Exod. 23.13. Joshua 23.7. To make mention of their Names, or to let them he heard out of their mouths, which Joshua interpreteth by causing to Swear.

The Lawfulness of Oaths, by what we Observed but a little before, doth appear out of God's Precept, and Example: Whereupon we are to take Notice how God Sweareth by several of his Attributes, which he doth to condescend unto man's weakness and un­belief, for we are apt enough to mistrust his Word, and therefore to give us gracious and infallible Secu­rity of his Promises, and Threatnings too, he confirms them by an Oath: Thus he Sweareth sometimes by his Life Numb. 14.21.28 Isa. 49.18. As I live saith the Lord, in several places of Scripture, for he is the Living God, a Characteri­stical Note of the True God. At other times, he Sweareth Psal. 89.35. by his Holiness, which is his Nature. Again, he Swears Isa. 62.8. By his Right hand, and by the Arm of his Strength. That is, by his Power, that he being Almighty, is able to do what he Promiseth or Threatneth: And also he Swears by and in his Truth, as to Psal. 132 11. David; and whensoever he Swear­eth, he doth it by his Truth, Tit. 1.2. For he cannot Lye: So he doth by Jerem. 44.26. his great Name, and that which com­prehends all, Isa. 45.23. He Swears by himself, that is, by his Nature and Attributes.

Because Oaths are sometimes necessary, God hath given Rules and Directions about them; we have them thus; Jerem. 4.2. And thou shalt swear the Lord liveth, in Truth, in Judgment, and in Righteousness. This is plain e­nough, so that men may not pretend Ignorance: we must Swear the Lord liveth, that is, by the Life of the Lord, of the living God, which was the ordinary Form of Oaths used not only in those times, or be­fore by the People of God, as we read of, 1 Sam. 14, 39.45. and chap. 19, 6. but also long before among the Heathens, to Swear by the Life of their Kings, which Joseph learned in Pharaoh's House, to Swear Gen. 42.15. 16 by the life of Pharaoh. Also in our Savi­our's time one was to speak the Truth by the Life of God; thus the High-priest said to Christ, Matth. 26.63. I ad­jure thee by the living God, that thou tell us whether thou be the Christ the son of God? This was their way whensoever any one was to Swear. This speaking the [Page 50]Truth in God's Name, is in Scripture called to give him the Glory; thus Joshua exhorteth Achan, Josh. 7.19. My Son, give, I pray thee, Glory to the Lord God of Is­rael, make Confession unto him, and tell me now what thou hast done? Hide it not from me. After this man­ner the Pharisees dealt with the Man whom the Lord Jesus had restored unto his Sight, John 9.24. Give God the Praise. Thus, when any one was to Swear, there was a Compellation in God's Name for such a one to speak the Truth, whereby, when it came out, Glo­ry was given unto God; so every one that Swear­eth, must do't Psal. 63.11. Isai. 65.16 by the Lord, and he that sweareth in the Earth, shall swear by the God of truth. Not by Baal, or any Idol whatsoever, as forbidden in several places of Holy Scripture.

To this manner of Oath and Phrase, the Lord Liveth, answers, 1 Sam. 25.22. Rom. 1.9. 2 Cor. 1.23. so also and more do God unto me, and, God is my Witness, and, I call God for a Record upon my soul. All which import, that as we call upon God to be a Witness to the Truth of what we say, so it implies an Imprecation that he would take Venge­ance of us, if we Swear falsely in his Name, which ought not to be made use of but upon Account o [...] Necessity, that is, of Religion, Charity and Justice. He then who Sweareth must do it in God's Name and that, 1st In Truth. 2ly, 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 [...] [Page 51]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 'tis with bear­ing true Witness, to help and relieve their Neighbour in his just Cause, when 'tis 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, [Page 52]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 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 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 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 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; John 1.17. Truth came by Jesus Christ, and he himself ch. 14.6. is the Truth; and, 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, 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 [Page 53]assoon as they be Born, speaking Lyes, Psalm 58.3. but, 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. 'Tis said of the Mes­siah, the Lord Jesus, 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; 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, 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, 'tis to little or no purpose; for they Trust in Vanity and speak Lies; at least they Believe it. I am much afraid that 2 Thess. 2.11. God hath sent a strong Delusion that men should Believe a Lie, and many too: Hear of a glo­rious Promise, Zacha. 8.3. Jerusalem shall be called a City of Truth. Would to God we could say so of London! But with Grief and Sorrow, I am afraid 'tis not so, 'tis 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 'tis 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 'tis 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, Psal. 5.6 Thou shalt destroy, saith David, them that Speak Leasing, or Lies; 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: 'Tis 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 'tis 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, 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; 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, 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 [Page 55]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 Rev. 21:27.8. From entering into New Je­rusalem, but also lodg'd among every other wicked Man, as Ʋnbelievers, 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, 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 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 2 Tim. 3.8. Resisted the truth, as St. Paul speaks, but are gone further, and to speak in another Apostle's Words, 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 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 [Page 56]make it common with using it upon unnecessary and light occasions, as expressed, Matth. 5.34, 35, 36, 37. Nor make use of it Jam. 5.12. unadvisedly, but Religiously and Reverently, and only in matters of weighty Con­cernment, and not as 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 not to take it, he ought to know how far he is Bound thereby: Whereof we have a commendable Example in the Spies by Joshua sent over Jordan; how Cautious to make Plain what Jos [...]a 2 Rahab made them Swear to; as also was Abraham's Servant, as already Quoted; and this Oath of the Spies, at the taking of Jericho, Joshua remembred to have it kept. Then the Mind and true Meaning of the Swearer is to be considered, what he aimeth at, when he doth Swear. So is the true and proper Signification of the Words made use of in the Oath, the meaning of those who require, administer, and take the Oath, must be very plain.

Now, as not only Evil it self, but also occasions of Evil, ought to be avoided, it were fit and con­venient for Magistrates when they tender an Oath, to proceed warily therein, and with great Caution, for fear of becoming Instruments of Damnation to those who forswear themselves; wherefore it would be very Necessary not Indifferently to offer an Oath, but first to have some thing said whereby men might well un­derstand what they are about, how Holy and Sacred it is, and how great the Danger to Swear to a Lie; [Page 57]or else for want of giving such a warning, they may become accessory to the Sin of him who forsweareth himself for want of a due and timely Warning, with­out which the Law or Custom are Defective; for none doth For-swear but he who Swears, and both Judges and Jury-men ought to be very Cautious how they believe one, who without Consideration, runs him self under an Oath, or who in his Deposition, doth Stagger, Waver, or Contradict himself; such should be Discouraged, and the Testimonies of Witnesses ought indeed more to be Weighed than Numbred. I deny not but that in necessary Occasions, when a Man offers himself to Swear, he may, and ought to be admitted to take his Oath, or else this would put a stop to the Course of Justice; but I mean, that when one's grosly ignorant, or suspected of being inclined to Perjury, something should be Ena­cted to prevent it, and the Court be more Cautious how such a one is admitted to Swear. So, hereupon those who make use of them, ought in Conscience be Wary how they bring them in, for fear of being partakers to other mens Sins.

The Third thing for him that takes an Oath, is, To Swear in Righteousness, or Righteously. That is, that the Matter by Oath to be Confirmed, be just, and lawful; for one must not Bind himself to any thing by Oath, but what is such; for an Oath ought not to be made a Bond of Iniquity, as was done by those wicked Fellows, that Acts 23.14. Had bound themselves under a great Curse, that they would eat nothing until they had Killed Paul. If a Promisory Oath, then it must be with a full purpose to Perform what one doth thereby Oblige himself to, and accordingly to be Care­ful to make it Good; and if the Oath be Testificato­ry, to bear Witness to the Truth of a thing, it must be done out of certain Knowledge of the matter: So must the occasions of taking the Oath be just, and the end good, as to promote the Glory of God, and the Good of our Neighbour, Levit. 19 15, 35. In Righteousness shalt thou judge thy Neighbour, and ye shall do no Ʋnrighteous­ness in Judgment. So in Righteousness, Witnesses must S [...]ear, and not to pervert Judgment and Equity.

'Tis also to be observed, how when we are Sworn' it must be before those that have Right and Autho­rity to Exact and Administer an Oath, one is not to Swear in a publick and solemn way, without a Call from those who may lawfully Summon us to it. We must also take notice how by Oaths we Bind ourselves unto God as unto men, which no Human Power can Release and Dispense us from; Wherefore 'tis said, Matth. 5.33. Thou shalt not forswear thy Self, but shalt perform unto the Lord thine Oaths. But we must now begin to draw near the main Point, namely Perjury, this must take up our Serious Thoughts concerning several Things relating thereunto, from the Greatness, and Righ­teousness of the great God, from the Nature and Consequences of the thing, and of several other ne­cessary Circumstances, duly to be Weighed and Con­sidered.

The Ark was called the Ark of the Testi­mony; First, because the Exod. 25 16. Tables of the Law, whereby was Testified God's Covenant with his Peo­ple, were laid up there, then because from above the Mercy Seat, which was above upon the Ark, God did meet with Moses, to v. 22. commune with him of all things which he gave him in Commandment unto the Children of Israel, and because the Ark was within the Tabernacle, so the Tabernacle is called the chap. 26.33. Numb. 17.7, 8. and 18.2. Tabernacle of Witness. As upon that Signal and Special Occasion where the Glory of the Lord ap­peared, and God himself was both Witness and Judge to decide of the Dispute about the High-priesthood, immediately after the Rebellion of ch. 17.8. Korah, Da­than and Abiram, and their Punishment, and the Plague which followed upon the People for their Mur­muring at it, I say, God there appeared in the Mi­racle of Aaron's Rod, which was Budded, bloomed Blossoms, and yielded Almonds. So, in doubtful and disputable Cases. But God is, and will be both Witness and Judge, men call upon him to be a Witness to the Truth of what is in his Name Affirmed and Transa­cted, but will certainly be the Judge, whether or not men call upon him for it. Though there be now no Ark, yet Heaven is his Throne, and Earth is his Foot­stool, Gen. 31.50. No Man is with us, saith Laban to Jacob, See [Page 59]God is Witness betwixt me and thee. God being pre­sent every where, is Witness to every thing, and sees every thing to reward it, but specially when he is called upon to be a Witness and a Judge between man and man.

In that Excellent Prayer of Solomon upon the De­dication of the Temple, he makes a special mention of Oaths, 1 Kings, 8.31, 32. If any man Trespass against his Neighbour, and an Oath be laid upon him to Swear, and the Oath come before thine Altar in this House, Then hear thou in Heaven, and do and judge thy Servants, condemning the Wicked, to bring his way upon his head, and justifying the Righteous to give him according to his Righteousness. A Man hath Wronged his Neighbour, but he denies it upon the Accusation, an Oath is laid upon him to clear the matter, the Oath to be taken in the Tem­ple before the Altar; hitherto men have acted their parts, but can go no further, wherefore God's turn comes to act, though his Altar and the Temple be upon Earth, yet God heareth in Heaven, which is the great judgment Seat, the true Seat of Justice and Equity; and what's done after hearing, he judgeth between the Parties: And how? First, Condem­neth the Wicked, that is, him who Prophaned his Temple, and his Altar, by a false Oath; then Execu­tion followeth the Sentence, for he brings his Way upon his Head: And also he justifies the Righteous, and gives him according to his Righteousness. Let all men that are brought to their Oath, take a spe­cial notice of this, that God is both Witness and A­venger; wherefore there must be an awful Reverence of God's most Holy and Sacred Name, which is made use of upon Occasion, not upon Common and Tri­vial, but only necessary, just, and weighty Accounts. Wherefore the Nature and Use of an Oath, are to be known before one Sweareth. First, the Nature, by considering three things, the Person to be Sworn by, that is, GOD; the Parts of the Oath, or the several Actions included and implied in it, which are Four; 1st, An Assertion by way of Affirming or Denying, ei­ther barely, or with Obligation to, or from something: The 2d, An Acknowledgment of God's Omniscience, Almightiness Justice and other like Attributes. The [Page 60]3d, An Invocation of him to bear Witness to the Truth of what we say. The 4th an Imprecation against our selves, if we do speak Falsly; that is, a referring o­ver, and offering ourselves into his Hands to be Puni­shed by his power and justice.

Then the Purpose or Use, to which these Actions are to be applyed, are to be Considered; that is, the ending of a Controversy, which otherwise cannot be conveniently ended. So that an Oath is a Reli­gious Service of God, whereby we refer ourselves un­to him as a competent and fit Witness and Judge of the Truth and Falshood of our Speeches, about a Controverted matter, for the ending thereof. Now the Use of an Oath must be known in Two Things; 1st, Of just Occasions of using it; as when the matter is of moment, either in it self, or in the Consequents and Effects of it, as for the Satisfying of another that requires and will accept of it; or binding of one's self either to another, as Gen. 47, 31. Jacob caused Joseph to Swear, or to himself, 1 Kings 2.23. as Solomon Sware that Ado­nijah should Dye. 2ly, We must know the just manner of an Oath, in regard of using it upon such an occasion, and that in the Three ways I mentioned before, which men cannot be too much put in mind of, name­ly, in Judgment, that is, in a serious Consideration of the Cause of our Swearing, and Greatness of the Name of God, by which we Swear in Truth, that is, a perfect Agreement betwixt the meaning of the words of him that Sweareth, and betwixt both these, and the things themselves, of which the Speech is, and that also according to the Intention of him that tendereth the Oath, so far as he shall manifest his Intentions to him that Sweareth. Also, in Righte­ousness, that is, in Reverence to God, Care of do­ing Good not Hurt unto our Neighbours, by Swearing, and Aiming at the right end, which is quietly determining of a Doubt by interposing God's Name, to shew our high Opinion of him; for thus God and Man have their due, and that is Righteous­ness in every act, that every one whom it concerns, may have that which is due to him therein.

It must be observed how in matter of Oaths, there are an Affirmative and a Negative part, that is, Things Commanded, and Things Forbidden; for e­very one of the Ten Commandments, when it com­mands a Vertue, doth at the same time forbid the Vices contrary to it, and when a Vice is forbidden, the Vertues contrary are commanded, though Com­manding is expressed in Affirmative Terms, as, Re­member the Sabbath-day, to keep it Holy; The Forbidding is declared in Negative Terms, Thou shalt not, where­in is contained every other Precept of the First and Second Tables of the Law of God: Now men ought to take Notice how Negative Precepts are of a larger extent, and more binding than Affirmative; for these bind only Semper, non ad Semper, at Certain Times, not at all Times; but the Negative do bind Always, and at all times; as, I am bound to Help and Assist, and be Charitable to my Neighbour, but that is only when he wants my help, and as far as I am able, which I am not always, neither doth he always stand in need of being helped; but the Negative Precept goes further, for I stand bound never to hurt him, to do him Wrong and Injury at no time whatsoever. This I now take notice of in relation to the Third Commandment, not to take the Name of the Lord in vain, which I shall have occasion to speak of, as being the Ground which in this matter I am to go upon, for therein the Abuses of an Oath are forbidden, and 'tis Abused in Two ways: 1st, In the Taking, 2ly, In the Keeping thereof. In relation to the First, as to the matter, for it's Object or Subject, for the Object, the Thing or Person Sworn by; for the Su­bject, whether Affirmative or Promissive: As to the First, the Thing must be True, and the Oath Necessary, not Trivial, which deserves not an Oath. As to the Second, the thing Promised ought not to be either Impossible, or Unlawful: As to the man­ner of using the Oath, it must not be taken 1st, Ig­norantly. 2ly, Without Cause, or just Inducement thereto. 3ly, Irreverently. 4ly, Ragingly, or in the bitterness of Passion. 5ly, Maliciously, with a Design of Hurting any Man. 6ly, Nor Falsly.

Have a great Care of Negative Oaths, wherein lays a great danger of Forswearing, therefore not to be tendered nor taken, for they can be no Proofs, only sometimes strong Presumptions: Indeed, one may well say, I never heard such a man say so, or, I never saw him do so, but no man may say, He never said or did so; he might say and do so, though you never heard or saw him speak or do't. A Negative Assertion may by a good Consequence be drawn from a Positive thus, Such a man, at such a time, to my certain Knowledge, was in the City, therefore at the same time he was not in the Countrey, for at once he could not be in both places; but I may not Swear, such a one, at such a time, was not in the City, be­cause I did not see him, for he might be there and you not see him, only in this Case, if the place be within such a narrow compass, that he cannot be in't when you are there but you must see him; as for Instance: At such a Day, and such an Hour, we were Twelve at Table in such a place, he was none of the Twelve, therefore he was not there, though one may say, he was not at Table, yet he may not say he was not in the Room, for he might be hidden in some secret part thereof. All this I say, to shew how Cautious men ought to be in point of Oaths; but I see this matter is so Copious, as I find it draws me very far, wherefore I must re­strain it only to my present Purpose, namely. Per­jury.

Perjury is, when God, is called upon for a Wit­ness to an Untruth, which the Prophet speaks of, 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 'tis 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; Lev. 19.12. Ye shall not Swear by my Name falsly, neither shalt thou Prophane the Name [Page 63]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, 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, verse 2. Though they say the Lord liveth, surely they Swear falsly. Would to God that was not so True as 'tis here! But now there is as much Cause as ever, for God to Expo­stulate among other things, 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, [Page 64]namely, fear of Punishment, to make men more Cauti­ous how, and what they Swear, 'tis the ready and pro­per way, to speak in David's words, 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 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 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 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 'tis observa­ble [Page 65]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 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 Souls, in the Reverence we express in our Words, and Discourses about it, and in the Study we make, how to Promote it in our Lives and Con­versations; that is, both Inwardly and Outward­ly, in the Antecedent, Concomitant, and Consequent Circumstances thereof.

By the word to take, is meaned to speak, use or mention it: Men are known by their Names, so by God's Name, God himself is to be understood; and to give Men a warning I cannot too often mention, how herein God naming the smaller fault in taking his Name in vain, declared the hainousness of the greater, for if taking only his Name in vain be a Sin, how abominable is it, when 'tis Blasphemed or used to confirm a lie: Not only the mentioning God's Name where it should not be used, that is, when there is no just cause for it, is forbidden, but also chiefly the abusing or using it amiss, when we should do it with fear and holiness, Psal. 99.3. for his Name is great and terrible, and Deut. 28.58. 'tis a glorious and a fear­ful Name, yea Psal. 72.19. a glorious name to be blessed for ever: Psa. 111.9. Holy and reverend is his Name. That holy Name, Psal. 113.2, 3. The Lords name is to be praised from the rising of the Sun unto the going down of the same, and blessed from this time forth and for evermore; But false Swearers, instead of blessing they curse it, and if some, only for taking God's holy Name in vain, be called his Enemies, for saith David, Psal. 139.20. Thine Enemies take thy name in vain, much more they who curse it.

By reason of the importance of this matter I shall now by the Grace of God in few words declare the meaning of that third precept whereof the end is, that God will have the Majesty of his Name to be most Sacred unto us, and so must not be despised or unreverently prophaned: Hence followeth our duty, to use it with a Religious veneration: So that we must think or speak nothing of God's Nature, Attributes, Works, Word and Ordinances, but with an awful Reverence, much less make use of it for self ends or worldly Interest; but with a true sense and tenderness of heart; never mention any thing relating to God, but therein admire and adore his Wisdom, justice, Goodness and power; and when others are wanting therein, we may charitably warn them of their duty, which if slighted, the occasions of coming into such Companys must be avoided, not to be hearers and Wittnesses of the dishonour put upon God, and disparagement to our holy Religion [Page 67]the true Christian Reformed Protestant: for such Men when once God hath left them to themselves, they harden themselves, turn the acts of Sin into an habit, then the custom of sinning takes away the feeling of Sin, from one sin they fall into another, they daily 2 Tim. 3.13. Wax worse and worse, so except God gives them Repentance they cannot Chap. 2.26. recover them­selves out of the snare of the devil who are taken captive by him at his will, and they cannot 2 Pet. 2.14. cease from sin. This I insist upon to shew the necessity of avoiding evil companys which corrupt good manners and are snares to draw Men into Drunken­ness, Whoredom, Impiety, Swearing, Cursing, Forswearing, Blasphemy, &c.

Now if there be so much evil when Men do rashly and unreverently take God's holy Name in­to their lips, how much more then when 'tis made use of for wicked ends? And if God in this Precept doth exclude, as he doth, from pardon those who take his Name in vain, how much more those who slight, despise and prophane it to serve their own turns, and as we hinted before, an Oath is a calling upon God to be a Wittness of the truth of what we say, or of the sincerity of our intention in what we promise. So Men ought to be very cautious of affirm­ing nothing but what they know to be true, and have a great regard to the nature and greatness of an Oath wherein God is taken to Wittness against the Soul of the Swearer if he deceiveth. And as a false Oath ought to be avoided, so a due considera­tion ought to be had in taking of a lawful one, and this should be in a legal way, I mean when lawfully called and upon a necessary Account; which, as I said before, is part of God's Worship as expressed in the Prophecy about the call and confederacy of the Isa. 19.18. Assyrians and Egyptians with Israel, They shall swear to the Lord of hosts, that is, serve and worship him, for, in that day shall five Citys in the land of Egypt, speak the language of Canaan, and Chap. 65.16. he that Sweareth in the Earth shall swear by the God of truth, again, Jer. 12:16. And it shall come to pass, if they will diligently learn the ways of my people to swear by my Name, the Lord liveth as they taught my people to [Page 68]swear by Baal, then shall they be built in the midst of my people.

When human Testimonies are failing, our refuge is in going to God and calling him to Wittness, for he is the Eternal and unchangeable Truth, not only the right and proper Wittness, of the Truth, but as the only assertor thereof, who alone can bring to light the hidden things of darkness; for Psal. 139.2. he knows our thoughts afar off, and is the only searcher of the heart, wherefore that makes him so jealous and angry when that which belongs only to him is trans­fered to the Creature or to Idols, that makes him so heavily complain and threaten, Jer. 5.7. how shall I pardon thee for this, thy Children have forsaken me and sworn by them that are no Gods? That is, worshiped them, which I will not pardon, and the reason why he will not pardon is set down lower, They have be­lyed the Lord, v. 12. called him to be Witness to their lies, sworn falsely in his Name. O the sad condition of perjured men, they think all is well with them, but God hath found them out and points at them, Isa. 28.15. because ye have said we have made a Covenant with death, and with hell are we at agreement, when its overflowing scourge shall pass thorough, it shall not come unto us, and the ground of all this confidence or carnal security is this, for we have made lies our refuge, and under falsehood have we hid our selves. But men must have a great care not to turn into Iniury and contempt of God that which is intended for his honour and service, for Oaths were instituted as for peace among men, so for the honour and glory of God, wherefore 'tis one of the Ten Commande­ments, and one of the first table as immediately re­lating to God; and as Princes and Magistrates are keepers of both Tables of the Law, so they and those under them, as 'tis their duty, ought to have a care, that that which is intended for his glory be not turned to his dishonour, as 'tis a most wicked impiety when Men swear falsely by God's Name, so 'tis a sinful compliance and unpardonable neglect for those whose duty 'tis 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 [Page 69]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 'tis 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 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 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 Mat. 26.59. they sought for false Wittnesses, and there­in found an occasion to put him to death, according to the Prophecy long before, Psal. 35.11. False Wittnesses did rise up, they laid to my charge things that I knew not, as David had also said before, 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 Job 1.6, 7. Rev. 12.10. slanderer and false accuser of God's People, as [Page 70]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, 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 [Page 71]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? 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, 'tis 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, 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, 'tis said, 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, 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 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, Zech. 5.3, 4. I will bring forth saith the Lord of hosts a Curse into the 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, 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. Psal. 9.8. God shall Judge the World in Righteousness, he shall minister judgment to the People in uprightness. 'Tis as if he had said, I will be a just Judge: And thus with Abraham we may say, 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? 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. 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 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 [Page 73]of the World, is named elsewhere; 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 Jude 6, the Judgment of the great Day, though many wish there was no Judgment Day, yet 'tis 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 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, 'tis 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; 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, 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 [Page 74]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: 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, 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 [Page 75]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 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 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; 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; Prov. 8.15, 16. By me Princes Rule, and Nobles, even all the Judges of the Earth, by me Kings [Page 76]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, 'tis 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; 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 [Page 77]else, thorough his just Judgment, they may happen to be Infatuated and deprived of their Understand­ing, a heavy Punishment, for Job. 12.17. God maketh the Judges Fools.

Now, as to Witnesses, besides what I have already said upon the matter, the Charge is, 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: 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, 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; 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, 'tis 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, Matth. 15.19. False Witness and Blasphemies.

The wise King makes a comparison and shews the difference between the true and the false Wit­ness, sometimes with joyning them together in the same verse, as thus, Prov. 12.17. He that speaketh truth sheweth righteousness: but a false wittness deceit. One is a just man the other a deceiver. Again, Chap. 14.5. A faith­ful wittness will not lie, hut a false wittness will utter lies: At other times he speaks of them disjointly [Page 78]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, 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, 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, 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, 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, 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, [Page 79]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 1 John 3.4. Sin is the Transgression of the Law, and Rom. 3.20. By [...]e Law is the knowledge of Sin, and 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, Gal. 3.19. for The Law was added because of Transgressions, [...]or, saith the Apostle. 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, 'tis 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; Prov, 19 5. A False Witness shall not be Ʋnpunished, 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: 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, 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 [Page 80]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, 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 'tis observed that when 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 if men neglect to do't, God himself will set his Hand to't, and do the Work: If the Distemper be but Personal, the Punishment of that Person will satisfy God; but if it be Epidemical, then the Ven­geance shall be General; nay, sometimes the Inno­cent of that Crime are involved with the Guilty, as in the Case of the Gibeonites, though they had decei­ved Joshua, with their Lies, yet notwithstanding the People had a general Order to destroy all those [Page 81]Nations, 'tis said, Josh. 9.15, 16, 18, 19.20. They Smote them not, because the Princes of the Congregation had Sworn unto them by the Lord; for they said, We have Sworn unto them by the Lord God of Israel, now therefore we may not touch them, lest Wrath be upon us, because of the Oath which we have Sworn unto them. They understood what an Oath is, and how dangerous to break it, and how long after was the Breach of it by Saul, avenged? where­fore God sent a Famine for Three Years, and being inquired by David, declared, it is for Saul and his bloody House, because he Slew the Gibeonites. So for this same Sin, the Breach of Oath, the whole Land suffered, and Seven of Saul's Sons lost their Lives to expiate for it. Among the several Instances we have in Scripture of God's signal judgments, for breach of Oaths, this is a considerable one. God's Anger was moved with a witness, and would not be appeased till after the Gibeonites had Hanged before the Lord, those Sons of Saul 2 Sam. 21.14. which by David's Command, had been delivered up to them, for then, and not before, the Lord was intreated for the Land; for thereupon the Famine ceased. Thus we see that where the Ma­gistrates suffer Faults, especially Perjuries to go un­punished, there God's judgments lay upon the Land, for all that might be pretended to excuse it, as here, for the Gibeonites had with a Notorious Lye, cheat­ed and imposed upon Joshua and the People, v. [...]. Saul had done it in his Zeal to the Children of Israel and Judah, and so long after the Oath had been Sworn. All this is, I hope, Sufficient to shew how God in his Law, not only Threatneth, but also actually Punisheth the Abuse of his holy Name thorough Perjury, in such a publick and solemn a Manner, as whole Kingdoms and Nations are therein concerned. I pray to God that for that very Sin which is so common in the Na­tion, and no due care taken to prevent and Punish it; that Threatning of God by the Prophet Jeremi­ah already Quoted, doth not reach us to bring a Na­tion upon us, not from far, but from near, I mean that to whom belongs the Character of a bitter and hasty Nation, by the Prophet Habek. 1.6. given the Chaldeans, for our Neighbours in their Nature are Hasty, and in their Successes Bitter and Insolent. Once God [...] [Page 80] [...] [Page 81] [...] [Page 82]us with the Spaniards, blessed be God that he repented him, and cast the Rod into the Fire; but now he hath gotten another nearer our backs. Let us remember that Swearing Falsly is a Nation de­stroying Sin, which God punishes either mediately by Men, or immediately by some Extraordinary judg­ment.

These publick judgments are upon extraordinary Cases, when Kingdoms have contracted this Sin, and no due care is taken to stop and punish it, the want of punishing it in private Persons, ends at last in the Ruine of whole Nations, which I pray God may in due time seriously be considered: but because the oc­casion of my Discourse is about things not altoge­ther so universal, as chiefly relating to the Courts of Judicature, and not to the Politick part of the Go­vernment, I shall conclude this Head with what God ordered in his Law to be done in the Case of False Witnesses; because one man might out of En­mity or desire of Revenge, Swear against another, God declared one Evidence not to be sufficient, but provided there should be Two or Three, as being supposed that Number would not so easily design a Man's Ruin, as one single Man. Well, God's Rule which is certainly the wisest and the best, that any Man or Nation can follow, about False Witnesses, is this: [...]. 19 15, 16, 17 18, &c. If a False Witness rise up against any man, to Testify against him that which is Wrong, then both the Men beeween whom the Controversy is, shall stand be­fore the Lord, before the Priests, and the Judges which shall be in those Days, and the Judges shall make diligent Inquisition, and behold, if the Witness be a False Wit­ness, and hath Testified falsly against his Brother, then shall ye do unto him as he thought to have done unto his Brother: So shalt thou put the evil away from among you. And those which remain shall hear and fear, and shall henceforth commit no more any such Evil among you. And thine Eye shall not pity, but Life shall go for Life, Eye for Eye, Tooth for Tooth, Hand for Hand, Foot for Foot.

This contains several very important Things. First, That sometimes, and too often, some men do rise to Wrong their Neighbours, which when it happens, [Page 83]as no man may be a judge in his own Cause, so the Plaintiff, to be Righted, must take lawful Courses, and prosecute his Adversary before Legal and Com­petent Judges, those who at that very time are in Office and Authority. Here, besides the Ci­vil Judges, the Priests are named, for though the Civil and Ecclesiastical Jurisdictions be of a different nature, and not to be Confounded, yet matter of Oaths and Swearing being a part of God's Worship they to whom the Care of things relating to Religion is committed, God would have them not ex­cluded, but to be present, to mind that which con­cerned his Service, the more because at that time the Government of the Jews was Theocratical, or Divine, God so eminently and visibly directing and ruling o­ver them; and therefore 'tis said, both the men in Controversy shall stand not only before the Judges, but before the Lord, the true Competent Judge; for upon all such occasions, the great Judge is ever present to observe how the Judges behave themselves, who here are commanded to make diligent Inquisi­tion, not perfunctoriously and lightly, but to mind and make it their Business: for, to speak in Solomon's words, Prov. 25.2. as 'Tis the Glory of God to conceal a thing, so the Honour of Kings, and of Judges and Juries too, is to Search out the matter, till the Truth be found out, which being Effected, judgment and punishment are to follow thereupon, and the Mischief the Guilty maliciously intended against his Brother, is justly to be retorted upon him. Thus this abominable Crime of Perjury is a great Evil to be put away from a­mong a People, for fear a whole Nation do suffer for the Wickedness of one, or some few particular men. and thus Justice being executed upon the Guilty, they shall be made Examples unto others, who Hear­ing shall Fear, and out of a Terrour of the 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 [Page 84]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 1 Tim. 1 9, 10. Ʋngodly, 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, Ʋbi 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, 'tis 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 [Page 85]to take an Oath or to swear in his own cause or any Mans 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 'tis 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 'tis 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, 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. [Page 86]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) Psal. 101. He that worketh deceit shall not dwell within my house, be that telleth [Page 87]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, 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 'tis 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 'tis 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 [Page 88]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; 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: 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, Deut. 27.19. Cursed be he that perverteth the judgment of the Stranger, Father­less [Page 89]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 'tis in the Kingdom of the Romish Anti-christ, so must in the taking of them, be all manner of Equivocations and mental Reserva­tions for those Locusts that are broke loose out of [Page 90]the Bottomless Pit, I mean the Jesuits. But for true Christian Protestants who make a Profession of the pure and true Doctrine of the Gospel, they ought in their Practise, as in their Principles, wholly to detest and abhor it.

Every honest Man ought to fear an Oath and not be forward, rather avoid being brought to it, ex­cept upon a Good and Lawful account, and before­hand consider the binding Nature and Consequences thereof, and when upon the Stage, to remember he must Swear the Truth and nothing but the Truth, therefore to be the more Cautious of what he saith, for though one may happen to impose upon Men, yet he never can upon God who hears and seeth all windings and turnings of the heart: this rule holds for Young as well as for Old Men, for young die as well as old, though one would think according to the course of Nature they have a longer race to run, yet Experience teaches it to be a mistake, for more die under Thirty years then above: however soon or late all must die, Death is certain but the time uncertain, and truly though some Perjured Young Men should live the longer, yet this Sin would make their life but uncomfortable; for being E­nemies to God they cannot be at peace with their Consciences and themselves, nor with others, for there is a Curse tied to the back of Perjury, which, except they be wholly hardened, and that on this side Hell is the greatest of all Judgments, hunts them perpetually and makes them miserable; for Isa. 57.20, 21. The Wicked are like the Troubled Sea, when it cannot rest, whose waters cast up mire and dirt. There is no peace saith my God to the Wicked, nor shall be.

As for Witnesses that are come to Age, they ought to be the more weary of what they say, be­cause having already one Foot in the Grave, they cannot tell how soon the whole Body shall be tum­bled into't: Wherefore they ought to consider every Day, and every Moment, as being possible for it to be the last of their Life; and when they give in their Evidence, as if they were upon their Death-bed, and come to their last Gasp, and as if they were taking the Sacrament upon't. Surely in that Condition, be­sides [Page 91]the immediate Presence of God, no man, that hath any sense of Religion, would take the Holy Or­dinance of the most Sacred Blood and Flesh of Our most blessed Saviour, to be a Witness to a Lie, and go out of this World with a False Oath in his Mouth, to appear in the Presence of the All-seeing and All-knowing God of Truth, to give an Account of him­self! I am Charitably loth to believe any one is so desperately Wicked, as considering all these Circum­stances, would Swear Falsly: If so, when any is up­on such an Account, brought to his Oath, let him look upon himself as at that very time lying under all such Circumstances, for he can be sure of nothing to the contrary, it being not impossible for him to Dye at that time of a Sudden Death, which hath been and is still the case of many. Now, I say, these Thoughts may work upon, and Influence one on such an Occasion, to say the Truth, and not to suf­fer himself by any means to be Byassed in what he is upon, nor to have any Regard to those he doth speak for, or against, from the King that Sitteth upon the Throne, to the Beggar that lyes on the Dung­hill; he must be Partial only for the Truth, and withal Consider, that he Witnesseth not for men only, but also for God, who is Concerned, called to be a Wit­ness, and whose Cause Truth is.

Every one that is Witness for another, hath his own Witness for himself, and must with Joh say, Job. 16.19. Behold, my Witness is in Heaven: this God owns, and I Wish that every one when he gives his Evidence, would represent God speaking to him thus; Jerem. 29 23. Even I know, and I am a Witness, saith the Lord. It should make one Tremble to speak a Lie in the Presence of the God of Truth; as no man when he doth an evil thing desires to have any one present, and wit­ness to what he doth, for as Evil is a work of Dark­ness, so he that commits it in any kind, doth seek dark places, and avoids the Light, which would re­prove him for his Work; now, if one when he doth a bad thing is so unwilling, and afraid to be seen by any man, for Shame, from the Time of our First Parents, is an Attendant of Sin, how much more ought one to be ashamed, and afraid to do Evil, and [Page 92]speak Lies in God's Name, in God's own Presence, and under his Eye, which none can avoid? This Pre­sence and Testimony of God, is the only way to clear and secure all things, at least for time to come. Thus Samuel, upon his going out of this World, takes great care to make all things even between himself and the People; 1 Sam. 12, 3, 4, 5. how He had not Defrauded nor Oppressed them, neither taken any Bribe to blind his Eyes. The Truth whereof he calls God to Witness, to whom, af­ter his Death, he was to give an Account of. The People gave in their Witness, that he had spoken the Truth; but besides, he had that of his own Consci­ence, but that of God was the greatest of all, for therein lyes the Comfort and Assurance of a Good Soul; for, 1 John 5.9. If we receive the Witness of men, the Witness of God is greater. And this I Wish every man that is brought upon his Oath would Consider well.

Upon this Point, one thing more, I would Com­mend to the serious Consideration of Judges and Ju­ries, namely, the Antecedents, Concomitants, and Con­sequents of Perjury, among other things, the Malici­ous Designs and Contrivances, thorough the Sugge­stions of the Devil, and Corruption of Man's Heart, whereby the Guilty do inure themselves to, and hard­en in Evil things, thereby fitting and disposing them­selves, thorough ill Habit and Custom, to commit a­ny Villanies in the World, according to their own Counsels, by which at last they fall from worse things to worst of all. Some of the Concomitants are False­hood, Hypocrisie, Deceit, Impiety, &c. all Punishable by the Laws of God and men. As to the Consequents they are Dreadful, Pernicious, and Destructive; for thereby a Dishonour is put upon God, and Occasion offered his Enemies to Blaspheme, a Scandal upon Re­ligion followeth, with a Stain upon a Nation; this also will Ruin Persons Families, and overthrow whole Kingdoms. After this, no man's Good Name, Ho­nour, Estate, Liberty, or Life can be safe and secure. So after this rate, no man may call his own, any thing he hath, thus farewel Property and Right: And what to Day is one man's case, may to morrow [Page 93]be any one's else, so Division, Distraction, and De­struction are at hand, as Effects of Oppression, for thereby man's right and just Cause are oppressed, and we know what the wise King saith in the Case; Eccles. 7.7. Surely Oppression makes a Wise Man Mad. He that loseth his own, loseth his Wits, with a surely, therefore will he endeavour to see himself Righted; and if Law­ful ways, because they be Corrupted and Abused, do fail, then God knows what the next Step will be: Right oppressed, is sometimes turned into Fury, and this is the ready way to set Men together by the Ears, and to make them to Cut one another's Throats, the Mine and Thine is the ground of Discord in the World, and therefore 'tis but just that every one should en­joy his own; whereupon God, the Sovereign Judge, saith, Ezekiel 21.27. I will overturn, overturn, overturn it, and it shall be no more, until he come whose Right it is, and I will give it him. Though Men will not, I will.

Therefore when Perjury is found to be in a Cause which appears by Contradictory Depositions, for 'tis not possible for a Thing to be, and not to be, a man cannot at the same time be in Two several Places, so in the same Circumstance of a Matter, one to Swear for, the other against, is a palpable Contradiction, for two contrary Oaths about the same thing, cannot be True, but if one be, the other necessarily must be False; as if one Swears, that such a man, at such a time, was in the Countrey, and I Swear, that same Person, at that same time, was in the City, because for several Days together, I met with, Saw, Discour­sed, had Meetings, Walk'd, Managed Businesses with, and visited him in his own House, and I cannot believe that a Spirit had assumed that Man's Body to act all that part with me, nor that I saw a Vision, or was in a Dream all that while.

Hence it clearly appears, that there is a Perjury in the Case, for as some have Sworn the Truth, so others have that which is False: Wherefore the matter is very well worth strictly and narrowly Inquiring into, to find out the Truth, and see at whose Door the Per­jury lyes, there to Punish it, that hereafter Men be not exposed to the Mercy of such Wretches and Villains. And what I say, is for one side, as well as for the other, [Page 94]for I am Partial for neither, only for the Truth, the ju­stice of the Cause is what I stand for, and am no ways Byassed by the Merits of Persons. Upon such Accounts Men ought to Swear for no other End than to bear Record unto the Truth, which I pray God to Disco­ver, as he is the most True and Faithful Witness, and as he is the Great and Supream Judge, to cause an Ex­emplary Punishment to be made of this loud and cry­ing Wickedness, as they that are concerned to do it, shall answer to God at the last Day; for Judges, Ju­ries, Witnesses, Parties, and every Man, shall some time, before the Iudge of the whole Earth, stand to be Tryed and Judged, when there shall be no Dissem­bling nor Concealing of the Truth, but all things shall then be manifest, and be seen, even just as they are.

In the mean time, what Laws are in being against the Crime, ought exactly to be put in Execution, and wherein they are Defective and Wanting, it may ea­sily be Supplyed by the Legislative Power, when those in whose Hands is the Executive part, who have so many Occasions to observe where 'tis Wanting, and where not, do according to their Duty represent it to them. Thus all will unanimously concur to set up the Glory of God, the Good and Welfare of the Na­tion, and to the Immortal Praise of all those that will be Instrumental therein, or to their Eternal Confu­sion if they neglect it. Psalm 94.2. Psalm 63.11. Then lift up thy self, thou Judge of the Earth, and the Mouth of them that speak Lies shall be stopped.

THE Doctrine of the Sacraments is of so high a Concernment in the great Myste­ry of our Salvation, that the Enemy thereof Satan, hath raised many of his strongest Batteries against it: They are the Seals of God's Pardon, which he doth what he can to Tear, or at least to Deface, thereby to Deprive us of the Assurance of God's Love in Christ. As to the First, which is Baptism, how many Disputes and Questions hath he started against it? With Papists we have [Page 96]no less than Seven about it, whereof the Two First, relate also to the Lord's Supper; As first to the num­ber, There are but Two Sacraments, and they would have Seven. 2ly, The Vertue of the Sacrament doth not depend upon the Intention of him who admini­sters it. 3ly. It is not lawful for Lay-men or Wo­men to Baptise. 4ly, The Baptism of John had the same Vertue, and was as Effectual as that afterwards Administred by the Apostles. 5ly, Baptism ought to be administred according to Christ's Institution, with­out any Addition, Diminution, or Alteration whatso­ever. 6ly, Every Child Baptised, is not thereby Re­generated, and every one that hath the Sign, hath not the Thing Signified. 7ly, Baptism is not absolute­ly necessary to Salvation, for some are Saved without it, but it ought not to be neglected or delayed.

See how sometimes God suffereth men from one Error to fall into another: and to maintain one they multiply others: Thus Anabaptists, to Assert that Infants ought not to be Baptised, hold the Quintes­sence of the Damnable Pelagian Heresy; 1st, That they have no Sin. 2ly, That there is no Original Sin at all. 3ly, That no Sin comes by Nature, but is Learned only by Example and Imitation of others. 4ly, That all that dye in Infancy shall certainly go to Heaven, for none is Damned but for Actual Sins: Against what Scripture saith; First, All Infants are Sinners, Psal. 51.5. Behold I was shapen in Iniquity, and in Sin did my Mother conceive me. 'Tis the case not only of David, but of every one else; Isai. 48.8. For, we are called Transgressors from the Womb; and, Ephess. 2 3. by Nature we are children of Wrath, even as others. Then Secondly, Many Infants have been made Vessels of Wrath, and the Effects of God's Wrath for Sin, are fallen upon them, as in the Flood, in the Destruction of Sodom and Gomorrah; God's Order to Saul, 1 Sam. 15.3. was to De­stroy utterly the Infants and Sucklings of the Amale­kites. And the Psalmist Psalm 147.9. declareth him Happy, that dasheth the little ones of the Babylonians against the Stones. But, Thirdly, All Sin is not Learned by Example, as we see in the Case Cain, who had no Example of any Murther Committed before him. Their Fourth [Page 97]Assertion is Rash, and without Ground in Scripture. But now to the Point.

The Word Baptism in Scripture hath several Signi­fications. It is first taken for the whole Holy Sacra­ment, instituted by our Lord; sometimes for the Sign Matth. 3.11. Water, and other times for the Thing Signified, as the Holy Ghost, washing with the Blood of Christ. Secondly, 'Tis taken for Doctrine, Mark 11 30. The Baptism of John, was it from Heaven, or from Men? And it is called, Acts 13.24. The Baptism, or Doctrine of Repentance. Thirdly, It is taken for Death, whereof 'tis a Fi­gure. Matth. 20.22, 23 Are ye able, saith our Saviour [...] the Sons of Zebedee, to drink of the Cup that I shall drink, and to be baptised with the Baptism that I am baptised with?

Here I intend not to engage in any Dispute against all that are in an Errour concerning Baptism, my De­sign being upon some occasion given me, only to Vin­dicate the Doctrin of Infant-baptism against Anaba­ptists. And to state well the Question, we say, and own, how men newly Converted, that are come to Years of Discretion, ought to give an account of their Faith before Baptism be administred to them. We also own, Children of Jews, Mahometans, and other Infidels, must not be Baptised, except God-fathers, or the like, promise before God, and in presence of the Church, they will cake Care to see them Bred, and Instructed in the Knowledge and Fear of God: But to deny Baptism to Infants born of Christian Parents, 'tis to deprive them of their Right, to De­spise the Ordinance of God, to take away the Mark whereby they are distinguished from Children of Unbelievers, to Cheat them of Christ's Livery, and the Badge of Christian Profession, 'tis, with Pelagius, to deny them Naturally to be Sinners, and not to need being Washed: And 'tis also to deprive Parents of the Comfort to see how God takes care to bring their Children within the Pales of his Church.

Before we proceed further into this matter, to make it the Clearer, it is necessary, to go back, and say something in general. In order thereunto, God hath not only made us Promises in his Word, but to help our Weakness, and strengthen our Faith, hath [Page 96] [...] [Page 97] [...] [Page 98]also appointed Sacraments to Signify, Seal, and exhi­bit Things Promised, for Sacraments do Seal that which the Word Promiseth: Thus God works upon two of our Senses, first upon the Ear, Rom. 10.17. Faith co­meth by Hearing, and Hearing by the Word of God. And upon our Eye, with the sight of those visible Signs, representing invisible Graces: Hence Augustin calls a Sacrament, The Visible Word. Thus God did with his Church under the Old Testament, and thus he doth under the New, and man must not pretend to be wiser than God, and to alter the Rules he hath given.

And as the Church of Christ is formed by degrees, and that daily some were and are added to it, so there are Two Sacraments instituted, one of Initiation, whereby we are introduced and admitted into't, such was Circumcision under the Old, and such is Baptism under the New Testament, another to Feed, Streng­then, and Confirm, such was the Passover of Old, and now the Lord's Supper, which Sacraments of the Old and New Testaments, though they differ in some Circumstances, yet agree in the Substance; both these of the New Testament, John 19.34. Water and Blood, came out of our Saviour's Side.

God is the Author of every Sacrament, none but God, who can give the Grace signified, hath right to Institute a Sacrament, wherefore God instituted those under the Old Testament, and our Lord, who is the same, those under the New. To every Sa­crament belongeth a Precept and a Promise; the Precept of Baptism is, Matth. 28.19. Baptise all Nations in the Name of the Father, and of the Son, and of the Holy Ghost; the Promise is, Mark 16 16. Luke 22.19. He who believes and is ba­ptised, shall be saved. The Precept of the Lord's-Sup­per is, first to those who administer it, [this do] that is, take the Bread, bless, brake, and distribute it, so pour the Wine into the Cup, and give it. 2ly, To those who receive it, 'tis Commanded, Matth. 26.26, 27, 28 to take, eat, and drink, the Promise is, this is my Body, this is my Blood, which is shed for many, for the Remission of sins. Now in every Sacrament, the words of the Precept ought punctually and exactly to be observed, without Addition, Diminution, or Alteration.

There are Four sorts of those whom Sacraments are administred unto, for some have the Sign without the Thing Signified, others have the Thing Signified without the Sign; some others have both Sign and Thing Signified; lastly, some have neither Sign nor Thing Signified,

A Sacrament is an Ordinance of God, wherein God under visible signs, doth represent some invisible grace, in and thorough the Mediatour, therefore in the Sa­crament are the visible and earthly part, and the invi­sible and spiritual, which some call the outward and inward parts of the Sacrament. Then the Third thing is the Analogy and Relation between the Sign and Thing signified, and the Acts outward and in­ward; and except one doth understand this, he can never have a right Notion of the Nature of a Sacrament. To demonstrate it, I shall insist only upon the Holy Sacrament of Baptism, which is the only Point I handle in this Discourse.

Water is the Visible Sign in Baptism, and the Blood of Christ is the Invisible Thing thereby Signified, the Analogy and Conformity is this; as poured or sprink­led Water washes the Filth and Uncleanness of the Body, so the Sprinkling of the Blood of Christ upon our Souls, doth Purify them; for, 1 John 1.7. the blood of Christ cleanseth us from all sin. Both these are men­tioned elsewhere, Heb. 10.22. Having our Hearts sprinkled from an evil Conscience, and the body washed with pure water. By this last, the Apostle alludeth to the several wash­ings under the Law, as to the use of Water in Baptism. Now, the Minister doth administer the outward Sign and can do no more, but the Holy Ghost gives the Thing signified, and with applying it, doth purify and sanctify us: to this purpose saith John Baptist, Matth. 3.11. I baptise you with Water, but he that comes after me, will baptise you with the Holy Ghost.

Though this Water be a common Element, yet being bestow'd upon so holy an Use, as well as Bread and Wine in the Lord's Supper, it is thereby san­ctified; what I say, is not to attribute so much to't, as if the use of the Sign could infallibly confer the Grace thereby signified, but 'tis to shew how Anaba­baptists are in the wrong to undervalue Sacraments [Page 100]in general, and this of Baptism in particular, as 2 Kings, 5.10, 11 Naaman the Syrian did the Water of Jordan. They are not bare Signs, but 1st, Signifying Signs, for by those visible Signs are represented things not seen, which we do believe. 2ly, They Seal not only the Analogy between the Signs and the Things Signified, but also the Vertue and Efficacy of the Union of Sign and Thing Signified, being duly and lawfully used, is thereby Sealed. 3ly, As that Heavenly Treasure offered us in the Word, is really and spiritually ten­dered and represented by those Signs, so thorough the hidden Power of the Holy Ghost, Faith, whereby we are united to Christ, intervening, his Benefits and the Holy Ghost are thereby exhibited to, and der [...]ed upon us.

From this Sacramental Union of Sign and Thing Signified, arises the Sacramental Phrase or manner of speaking used in Scripture, whereby the Thing Sig­nified is spoken of the Sign, and the Sign of the Thing Signified; thus Gen. 17.10, 11. Circumcision is called the Covenant, which verse 11, is called the Sign of the Covenant, that is the Sign and the Seal of it; the Bread is the Body of Christ, Mat. 26.26, 27, 28, This Cup is my blood, which is shed for many for the Remission of sins. That is, the Bread is the Sign and Seal of my Body, the Wine is the Sign and Seal of my Blood: Baptism is the Tit, 3.5. Washing of Regeneration, and renewing of the Holy Ghost. That is, the Sign and the Seal of Regeneration, or of the Blood of Christ, which cleanseth all our sins; Many more such Expressions we find in Scrip­ture.

Furthermore, by Baptism we are incorporated into Christ, made Members of his Body; 1 Cor. 12 13. for, We are all baptised in one Spirit, to be one body, Jew or Greek, bond or free. Eph. 5.25, 26. The Church is Sanctified by the wash­ing of Water, and John. 3.5. Except a man be born of Water and of the Spirit, he cannot enter into the Kingdom of God. I know the visible sign of Water is not meant there, 'tis the thing signified, 'tis Regeneration, the working of the Holy Ghost, 'tis a spiritual Water, John 4.14. A Well of Water, springing into Eternal Life: John 7.35. Rivers of living Water, Isai. 58.1 All that are Thirsty, are invi­ted to come to the Waters: which are promised to be [Page 101]poured upon, Ezek. 36.25. even clean Waters. This is that Love of God, said to be Rom. 5.5, shed abroad in our hearts. Those Gifts of the Spirit, promised Joel 2.28. and Ful­filled upon the Apostles, Acts 2. 'Tis that Baptism of the Spirit, which our Saviour Acts 1.5. commanded them to wait for; though I say the Water in Baptism be not meaned here, yet the Thing Signified is; therefore it shews the Excellency of that Sacrament, wherefore it must not be Despised, or Neglected.

I say further, Gal. 3.27 All who are baptised have put on Christ, at least outwardly; and Rom 6.3.4 As many of us, saith S. Paul, as were baptised in Christ, were baptised into his Death, thorough baptism, and raised again to walk in Newness of Life. These are the Three Parts of our Regene­ration: First The Death of Sin, which clearly ap­peared in Christ's Death; and because the Old Man doth not presently dye in us, then comes the Second Part, It's Burial, whereby, and by Degrees, it Wastes away. After which, is the Third Part, We begin to raise in Newness of Life. This I shall no longer in­sist upon, having, as I think, said enough to shew how great a Reverence we ought to have for, and what a high Account we must make of that Holy Sacrament, for the Divine Ordinance and Glorious Attributes given it in Scripture: This being thus Premised, I proceed, and fall to the Point.

I Argue thus: First, Under the Old Testament, Infants were Circumcised, therefore under the New they ought to be Baptised; for there is the same Reason for Baptism under the Gospel, as was under the Law for Circumcision, which by St. Paul is called Rom. 4.11. the Seal of the Righteousness of the Faith, which is a proper Denomination for Baptism; by Circumci­sion, the Jews, the Seed of Abraham, were distingui­shed from others, who had no share in the Promises, and by Baptism we are received in the Church, and made visible Members of the Body of Christ. Now, Circumcision and Baptism, in Christ we have, Colos. 2.11, 12. and find them both joyned together, and as Circumcision is brought to the time of Christ, so, in some sense, Baptism was very long before the Birth of our Lord, 1 Cor. 10.1, 2. I would not ye should be ignorant, saith St. Paul, how that all our Fathers were under the Cloud, and pas­sed [Page 102]thorough the Sea, and were all baptised unto Moses. I know they will say, there is a double Circumcision, so there is a double Baptism, (if I may call it so) when we distinguish the Sign from the Thing signi­fied; one Circumcision, is made with Hands, Coloss. 2.11. the other without, that of the Rom. 2.29. Heart, so there is an Outward and Inward Baptism, one of Water, the other of Mat. 3.11. the Spirit, and of Fire; yet this doth not hinder, but that the Circumcision with Hands was the Sign of that made without Hands, as the Baptism of Water is the Sign and Seal of that of the Spi­rit. We conclude therefore, that all their Infants were Circumcised, and all, as well as the Parents, were Baptised in the Cloud and Sea, for all passed thorough, so all Infants of Christians ought to be Baptised.

May be they will make the following Exception, which is not to the purpose, that according to this, only Males and not Females are to be Baptised, be­cause only the Males were Circumcised, but as to this, the reason is different, for Females as well as Males are capable of Baptism which was not of Cir­cumcision; Men must not dispute with nor be wiser then God, who instituted Circumcision at first, and now Baptism at last, having then appointed that feal, he commanded it to be applied to the part that was capable of it, and the fittest for his end, which was to shew the corruption of Mans Nature, and the casting of that superfluity was the seal of his Pro­mise to sanctify Abraham's Seed, and we may say this seal was in some manner communicated to the Females: Now I think 'tis clear enough how under every Testament there hath been a Sacrament ap­pointed by God to introduce those whom it is ad­ministred to, into the Church; Circumcision, was it in the time of the Jewish Church, as Baptism is in the time of the Christian, this is the Key that openeth it for us, whosoever doth not go in at this door which is the Ordinance of God, when he may, John 10.1. He is a Thief that would break into the Sheepfold.

My Second Argument is from Christ's command to the Apostles, Mat. 28.19. To Baptise all Nations, under which, Men, Women and Children must be com­prehended, [Page 103]and he who saith all excludes nothing: When St. Paul saith Rom. 5.12. By one Man Sin came into the World and by Sin death, so death passed upon all Men, none may deny but that Children as well as Men are comprehended under the Name all Men, for Chil­dren die as well as Men: Other places I could bring to the same effect, but this is clear and to the pur­pose, to shew how out of this generality Children may not be excluded, for they as well as Men are compre­hended under the words all Nations; and as Christ receives into his Church some out of every Nation, of every quality and Sex, so out of all Ages, Young and Old. We read of several whole Families that were Baptised as that Acts 16.15, 33. of Lydia, and of the Jayler, as of Acts 18.8. Crispus and several more of the Corinthians, as of 1 Cor. 1.16. Stephanas and of others, 'tis very probable that amongst so many Families were Children also Baptised. The Jayler and all his, meaning Children and Servants, were Baptised.

It is certainly a very cruel and uncharitable thing for a sort of Men to shut upon Children the Church door of Baptism, to keep them out when God will have them to come in: Upon great and weighty occasions, as of Fasting and Prayers of which in Scripture we have a very considerable instance, a great Army of 2 Chron. 20.13. Moabites and Ammonites being come against Jehoshaphat, King and People being much af­fraid, they all addressed themselves to God not only Men and their Wives, but also their Children: And the Prophet Joel proclaiming a Solemn Fast for the Kingdom of Judah, Joel 2.16. will have them to bring in­to the Congregation their Children and those that suck the breasts, the Prophet thought that their crys might move God to pity and to pardon.

The Third Argument is very weighty, and 'tis thus, the Seals of the Covenant are to be Administred to those whom the Promises thereof belong unto, but the Promises of the Covenant belong to the Children of those whom the Covenant is made with, there­fore they must receive the Seals thereof, this is God's Covenant with Abraham, Gen. 17.17. I will be thy God and of thy seed after thee, and what follows? This is my Covenant, verse 10. which verse 11. is called, the Sign [Page 102] [...] [Page 103] [...] [Page 104]of my Covenant betwixt me and you, every Man-child shall be Circumcised the Eight day, that is, shall re­ceive the Seal and Sacrament: St. Peter makes the application of this for those under the Gospel, Acts 2.38, 39. Repent, saith he, and be Baptised every one of you i [...] the Name of Jesus Christ, &c. for the Promise is un [...] you and to your Children. I ask to what purpose would the Apostle make mention of their Children if they had not been concerned as in the Promise Remission of Sins, so in the Seal of the Promise, namely, Baptism? If it had been said only for the Fathers that were concerned, with their Repentance and be­ing Baptised there had been an end, but seeing this Remission of Sins, which is the Promise, is made to Children as to Parents and that the way to obtain it, is to be Baptised in the Name of Jesus Christ, i [...] followeth that their Children must also be Baptised in the Name of Christ to obtain Remission of Sins.

Farthermore our Saviour calls little Children to himself, forbids Men to hinder them from coming to him, and gives the Reason, Mat. 19.13, 14. and Chap. 18.2, 3. For of such is the Kingdom of Heaven, and thereupon laid his hands on and Blessed them, if then the Kingdom of Heaven which is the Promise and the thing procured by the thing signified in the Sacrament, belong to little Children, why should they be deprived of the sig [...] and Sacrament of it, which God hath appointed?

Some other Reasons I would bring in, but in my Answer to their Objections I shall have occasion to make use of them: Another sort of Argument I will here bring, not to lay any great stress upon it, for they will not receive it: 'Tis the Testimony of three or four Antient Doctors, in Triph. Justinus Martyr who lived about 164 years after Christ, saith, none is admitted to the Lords Supper who doth not pro­fess our Doctrine, and who hath not been washed with the washing of Regereration; in another place he saith, Infants are Baptised in the Faith of their Parents. Origenes who lived about 250 years after Christ, upon the 6th. Chapter to the Romans, saith, The Church received from the Apostles the custom of Baptising Infants. Basilius who lived about 381 saith, in S. Bap. [Page 105] Let not Baptism be delayed, how can one say I am of God, if he hath not his mark to shew. And Austin who lived about 421, ad Dar­danum cap. 12, 13. We say the Holy Ghost is in Infants Baptised though they know it not; and in his Sermon upon the words of the Lord, No body doubts but that Infants must be Baptised in the Name of Christ. And against Pelagius he proves Original Sin by the constant Custom, of the Church to Baptise Infants, that Heretick and Sectators never gainsaid it, which he would have done, if it had not been so. But this I bring only to shew how Baptising of Children doth not come to us from Papists, as Anabaptists would have it, but was practised long before the Cor­ruption of that Church, since 'twas by Christ in­stituted after his Resurrection.

Now I come to Answer their Objections, the First is, no Infants were Baptised in the time of the Apostles, and there is no command for it. To the First part I answer, that though there be no ex­ample expresly set down, it doth not follow there was none, so we have no positive example that Wo­men received the Sacrament of the Lord's Supper nor express command for them to receive it, yet we all admit them to receive it: To retort the argument upon them we say, there is no precept nor example why they should not be Baptised.

As to the Second part about the Precept, I say that thô we have it not in the very words and ex­presly, yet 'tis implicitly, and by very good conse­quences, we deduce it from several Texts, as I al­ready have instanced in some; now 'tis a Rule in Divinity that the perfection of Scripture doth not consist only in those things which expresly and in the very words are therein contained, but also in those which by good and lawful consequence may be de­duced out of those that are positive, which we look upon as Divine and oblidging our Faith; such are Acts 2.25, 26, 27, &c. Rom. 4.5. and Chap. 10.5, 6, 7. and others which it were too long to insist upon: I only shall speak to that of Mat. 22.31, 32. St. Matthew where our Saviour with drawing consequences proves the Immortality of the Soul and the Resurrection of the Body against the Saducees; Abraham, Isaac and [Page 104] [...] [Page 105] [...] [Page 106] Jacob were long before dead and buried, that is, their Bodies, but God being the God, not of the dead, but of the Living, it followeth they were alive, which could not be said of the Body but only of the Soul; this as to the Immortality of the Soul, but the Soul is not the whole Man but only a part, now God is the God of the whole Man not only of a part, so being the God of Abraham, he is God of his Body and of his Soul: but when our Saviour spoke, the Bodies of the Patriarcks were dead and cannot be living but by a Resurrection. Thus in the same Chapter verses 42, 43.44, 45. the same way of argu­ing is used: In all this, the analogy of the Word is to be observed, for it doth not contradict it self, this is a necessary Rule for every one that will well understand Scriptures, there is no positive command to Preach to or Baptise English, Scotch, French, Dutch, &c. but we draw the consequence from this, Teach and Baptise all Nations, which is as express a Precept as any can be.

Another thing I add for answer, we ought to ob­serve the difference of Times; the Apostles at Jeru­salem did write to the Brethren of the Gentiles in Acts 15.23, 29. Antioch, Syria and Cilicia to abstain from Blood and Strangled things, which no doubt Christian Liberty allowed them to Eat, but they were willing to avoid giving Offence to the Jews, for fear that should obstruct their Conversion, for upon a sudden they would not make a general alteration, only by degrees, thus Acts 16.3. St. Paul Circumcised Timothy by reason of the Jews, but he did not Circumcise Titus, Gal. 2.3. the reason was different, the Light of the Gospel was clearer and clearer, and he positively tells the Chap. 5.2. Galatians, I Paul say unto you, that if you be Cir­cumcised, Christ shall profit you nothing: Now I come to the point and say, the difference of times is to be observed; when our Saviour sent the Apostles to Baptise there were no Children of Christians, at least to speak of, for the whole World consisted of Jews and Gentiles to be converted, but now thanks be to God, there are many Children of Christians, and this may be a reason why Infants are not mentioned; neither in the command to Baptise all Nations, are [Page 107]Men or Women nam'd, no more then Children, yet we all must agree they are meant and understood, for we have a Rule that generals do include and contain particulars as I could instance in every one of the Ten Commandements and other parts of Scriptures.

Secondly they Object, God commands those to be taught who are to be Baptised, but Children can­not be taught therefore must not be Baptised: The word to Teach in the Original signifieth to make Disciples, but that Command belongeth only to those that were of Age to be converted to the Christian Re­ligion, as being till then out of the Covenant of God, but the Reason for Children of Christians who are born of Believers, and are within the Covenant, tis different, wherefore the Precept to Teach, is for those that are capable to be taught, all are to be taught though not at the same time, those who are capable before Baptism, must be taught, those who are not must be taught after, as we see the Jews Chil­dren were not taught the Law before they were Cir­cumcised, because not capable of it, thô there was a positive command for Parents to Deut. 6.7. Teach it their Children, but afterwards they were instructed when come to Age, and we see in the command to Mat. 28.19, 20. Teach and Baptise, there is Teaching before and after, for our Saviour having commanded to Teach and Baptise all Nations, he adds in the last verse, Teaching them to observe all things I have commanded you, therefore in Baptism, Parents with Godfathers and Godmothers oblidge themselves and promise in the presence of God and before the Church, to take care those In­fants shall be instructed when they come to Age.

And to shew how this Precept of Teaching is only for those who are capable of it, Mark 16.15. St. Mark implies it, for there our Saviours words are thus, Go ye into all the World and preach the Gospel to every Creature, certainly 'tis not mean't to preach it to Stones, Beasts, Birds and to unreasonable Creatures, thô they be Creatures, as did the Popish Extravagant Francis, but to those Creatures that are capable of being Taught, this is all that may reasonably be drawn from the word Teaching, but to conclude, that [Page 106] [...] [Page 107] [...] [Page 108]because Children cannot be Taught, therefore must not be Baptised, is just as if, out of St. Paul's words, that, 2 Thes. 3.10. If any would not work neither should he eat, one would say, Children, Old and Sick People, must not Eat, because they do not Work, 'tis mean't of those that are able to Work.

Thirdly they say, as long as Infants are such, they cannot be Regenerate because they cannot receive the Word which is the converting Ordinance, there­fore Baptism which is the washing of Regeneration must not be Administered unto them: I answer, Children are baptised because charitably they are lookt upon as believers and belonging to the Cove­nant, and 'tis a very presumptuous thing to say they are not capable of Regeneration, we know the word to be the usual Means and Ordinarie Instrument of Conversion, but we must not tie God thereunto, when he pleaseth he can work without: Thô Chil­dren be not Regenerated in the same way and by the same means as are Men come to years, yet their Regeneration is possible to the Holy Ghost, though we cannot think upon the manner of it; many a Regenerate Man come to years of Discretion, cannot tell how nor when his Regeneration began, or the time when he was Converted, several were so before they could perceive it. Wonderful is the working of the Spirit in us, which is by our Saviour compared to the Wind, John 3.8. which Bloweth where it listeth; thou hearest the sound thereof, but canst not tell whence it comes, nor whither it goes, so is every one that is born of the Spirit. This we must not rashly judge of, lest with the Children of Israel, we be said Psal. 78.41. To li­mitate the Holy One of Israel. Gen. 18.14. Is any thing too hard for the Lord? Mat. 19.26. With God all things are possible. If we take upon us to decide who are not capable of Regeneration, we will be like the Sons of Zebedee in another Case, their Mother having asked of our Sa­viour on their behalf, Mat. 20.21, 23. that in his Kingdom one might sit on his Right-hand, the other on his Left. The Answer was, It shall be given only to those for whom it is prepared by the Father. So of Regeneration, it is only for those who are thereunto appointed by the Father, to stop our Mouth, and to curb our Curio­sity [Page 109]from diving too far into the Secret Things of God. Luke 23, 40, &c. The repenting Thief was not Converted by the Preaching of the Word, he heard no Sermon when upon the Cross; neither was St. Paul Conver­ted by the Hearing of the Word, except it was by that which came Acts 9.3 4, to him immediately from Hea­ven.

But to return to Children: 1 Cor. 7.14. Those of believers are holy: Nay, some are so from the very Womb, such was Jer. 1.5. Jeremiah. Luke 1.15. John Baptist was full of the holy Ghost from his Mothers Womb. St. Paul, though a great Persecutor, yet He was Separated from his Gal 1.15 mother's Womb, as he saith himself, Rom. 9.13. God loved Jacob before he was born. Shall after this, a sort of Men declare Infants not capable of being Regenerated? Surely God hath taken some care for their Salvati­on, especially since they make a considerable part of the World, Matt. 14.21. and 15.38. we find them in the Assemblies of the Church, and if not able, led and carried after him, partakers as of his Doctrine, so of the Fruits of his Miracles; we hear them crying, Mat. 21 15, 16. Hosanna, to the Son of David; and our Saviour approving it against the Pharisees, when he saith to them out of Psalm 8.2. Have ye never read, Out of the mouth of Babes and Sucklings, thou hast perfected Praise? Wherefore, Acts 10.15. what God hath sanctified, let no man call unclean, in this, as well as in another sense.

I Answer further, suppose Infants were not capable of Regeneration it self, which is the thing signified in Baptism, yet they cannot be denyed to be capable to receive the sign of it, which can be done without any outward or inward act, only Passively; and this Ceremony is not performed without the Word, there is the word of the Precept, I baptise thee in the Name of the Father, of the Son, and of the Holy Ghost. 'Tis the Word that makes the Element or Water to be a Sacrament, wherefore seeing Infants are capable of receiving the outward sign of the Sacrament, as also the thing signified, the washing of sins with the Acts 2.38. Blood of Christ, by the Holy Ghost, and the Forgiveness of Sins, which we are Baptised for; there­fore that Holy Sacrament ought to be administred to them, lest they, who refuse it, Acts 5.39. be found even to sight [Page 110]against God. If they be but Children of those that make Profession of the Faith, let no men take upon themselves to pry into those things that are above them, as is the Mystery of the Sacrament, which God hath re­served to himself, only let them obey, about the Ordi­nance, we believe some are Regenerated, by means of the Sacrament and some are not. Our Adversaries them­selves must confess, that after all their Teaching be­fore hand, some of those who amongst them are Ba­ptised, be Hypocrites, though they make Confession of their Faith: Acts 8.13. Simon the Sorcerer believed and was baptised. Rom. 9.6, 8. All that are of Israel, are not Israel. Those only are the Sons of God who are the Chil­dren of the Promise.

Fourthly, They Object thus, Children do not Be­lieve, because they want the use of Reason, there­fore ought not to be Baptised. I Answer, To say Children do not believe, is not true; though they believe not in that degree which men of Riper Years do, yet they believe in Inclination, the Holy Ghost preparing their Minds and Will, which can be done without the use of Reason, in a manner incompre­hensible, to them and to us? for in Conversion and beginning of Regeneration, we are all meerly Pas­sive: thô they be not capable of Reason or of Faith by the Word, which is the ordinary means to pro­duce it, yet, as I said before, God hath other ways to work it in them, as he pleaseth: and men must not be so Presumptuous as to stint God therein.

I know, Knowledge, Assent, and Confidence in, or Relying upon God, to be the Three Parts of true saving Faith, that is begotten in us by the usual way of the Holy Word; that Infants have these in the perfection of men of Riper Years, I do not Dispute, but let those who altogether deny Faith in Infants, take notice of the Difficulties and Inconveniencies they run into. For if Children have no Faith, ei­ther none are saved, or if some be, then there are two different ways of Salvation, one for Men come to Years, the other for Infants, which doth not a­gree with Scripture: and according to that Opinion one must conclude Faith doth belong only to men of Riper Years, and not to Children: If so, what [Page 111]can be said to these general Texts of Scripture, Heb. 11 6. Without Faith it is impossible to please God: He Mark 16 16. and John 3.18. who [...]elieveth not shall be Damned. Heb. 12 14. Without Holiness [...]o man shall see the Lord. Johu 3.5. Except a Man be Born of Water and of the Spirit, he cannot enter into the Kingdom of God. Hence one must conclude, Children cannot please God, shall be Damned, shall not see God, shall not enter into the Kingdom of God, when our Saviour tells us, Mat. 19.14. and 18, 2, 3, 4, 5, 6. Of such is the Kingdom of God; and, Ʋnless we become as little Children, we shall not enter into the Kingdom of Heaven. Out of all this we may well conclude Children to have Faith.

But 'tis very difficult to say what manner of Faith, or to what degree, however we may say 'tis an Habitual Faith, a Seed and a Root, which though at present doth not shew it's acts, yet at last it will, like Seed under Ground, Fire under Ashes, a Tree which will bear Fruit in it's due season. Children have a Tongue and Legs, but it requires time be­fore they can speak and walk, though they have not the use of Reason, yet one must own them to be Rational Creatures, because they have a Rational Soul: And this I say, in Answer to what is Obje­cted, that they have no Faith because they want Reason. With St. John, Faith I call a Seed; he saith 1 John 3.9. the Seed of God is in him that is born of God. In Isa. 59.5. Cockatrice's Eggs, Spiders, Serpents, Toads, though never so young, there is a Venom: In Lyons, Bears, Wolves, though never so young, there is a principle of Ravenousness and Cruelty. In the Wicked is a Seed and Spawn of all Evil, even in their Infancy; for David saith, Psal. 58.3. They go astray from the very Womb; but as to the Elect and the Righte­ous, Psal. 71.5, 6, 17. God is their Hope and their Trust, from their very Youth. Where the Prophet speaks of himself. And in the next Verse he saith, by thee have I been holden up from the Womb, thou art he that took me out of my Mother's bowels. And he addeth, v. 17. O God, thou hast taught me from my Youth. The Difference is, that these Evils come by Nature, and the Good is effected thorough Grace.

Yet suppose Children had neither Faith nor Re­pentance, it doth not follow they must be deprived of Baptism, for all this might be said of Circumcision, and yet God commanded Children to be Circumcised, and to oppose this as contrary to reason, is to Dispute against God, who would have Circumcision a Sacra­ment of Regeneration, (for as I observed before, 'tis called Circumcision of the Heart, and without Hands) to be administred to Children, whereby we are taught 'tis not always necessary the Truth signified in a Sa­crament, should go before the Sign, sometimes 'tis enough it should follow, at least in part; so that ex­cept one would make (which were a kind of Blasphe­my) the Mercy of God less towards us and our Chil­dren, than towards the Jews and their Seed, we must not deprive them of Baptism, the Seal of that Co­venant, no more than they were not deprived of Circumcision, for by these Two Sacraments, God did and doth separate some from others, to offer them his Salvation. They who have no right to the Pro­mises, must joyn themselves to Christ's Flock, before they receive his Mark: Thus God instructed Abra­ham in the Doctrine of Faith, and in his Covenant before he gave him Circumcision, but once having admitted him into the Church, he ordered his Seed to be made partakers of the same benefit.

Out of what hath been said, one would hope e­very Rational Man would be satisfied, how Infants ought to be Baptised, and the Sign not to be deny­ed those who may have the Thing signifyed. But because I know Matth. 13.11. 'Tis not given to all, to know the Mysteries of the Kingdom of Heaven, but only to those whom God is pleased to reveal it to, for 'tis not any man's Parts or Learning that can do't, 1 Cor. 3.6. Paul may Plant, Apollos may Water, but God alone can give the Increase. To him must be left the Success of things, all I now can do, is to beseech the Lord to open Luke 24.45. the Understanding of those who are concerned, As he did that of his Apostles, that they might Ʋnderstand the Scriptures; and open their Heart as that of Acts 16.14. Lidia, to attend unto the Things spoken.

Some other things there are relating to this matter, wherein Anabaptists differ from us, which we must not omit. The First is about the outward Act used in Baptism: They would have it done with Dipping, whence they have gotten the Name of Dippers, and 'tis the signification of the Greek Word, whence comes the word Baptism. And though as much as we can, we must close with the Ceremony of the Institution, yet that outward Rite is not of the Essence of the Sacrament, and that which is used hath the same Ef­fect and Signification: It doth not appear any where, that they that were Baptised were dipped under Water, for they had been in some Danger of being Drowned, but that they went into the River, or other Water, and he who Baptised, as John Baptist, or other, poured it upon their Head, whereupon they were accounted to have been under Water, as in some kind they had been; but those who at that time were Baptised, were persons come to Years, and consequently more able to resist the Coldness of the Water in cold Weather, in case any Quantity had been poured upon them, which yet was but little. But leaving aside the Difference of Climates, Hot or Cold, of Constitutions Weak and Strong, of Age Childhood and Manhood, or Inconveniency that might arise therefrom. I say, in the Church Sprinkling hath succeeded Dipping, and not without Ground in Scri­pture, for the word Sprinkling is used for the Thing signified, and of this we have Two Witnesses, St. Paul is the first, Heb. 10.22. Let us draw near with a true Heart, in full Assurance of Faith, having our Hearts sprinkled from an evil Conscience, and our Bodies washed with pure Water. There are Sprinkling and Washing; And chap. 12.24. 'tis spoken of the blood of Sprinkling. The other is St. Peter, 1 Pet. 1.2. Thorough Sanctification of the Spirit unto Obedience, and sprinkling of the Blood of Jesus Christ. If the Thing signified be represented with Sprinkling so may the Sign be administred with Sprinkling, and the Child lying upon it's back in man's Arms, may be said to be under the Water sprinkled upon it's Face. We also find in Scripture, that the Admini­stration of that Sacrament, is both as to the Sign and Thing signified, called Washing, so that there is no [Page 112] [...] [Page 113] [...] [Page 114]certain and constant Obligation to the strictness of the Greek word, and to the outward Rite of Dip­ping, and Sprinkling Answers the end of the Sacra­ment, and the Analogy between the visible, and the invisible parts of it, as well as Dipping; and we see in the Lord's Supper, there is no Obligation to any certain Posture, so that [provided there be no Super­stition nor Idolatry] it may well be received Sitting, Kneeling, or Standing.

Another thing we differ in is, about Rebaptisati­on: Hence they are called Anabaptists, from baptising again those that were baptised before. The Church of Rome doth not rebaptise those who from us turn to them, nor we those who from them come to us, but Anabaptists do all that come to them out of other Perswasions; and though the Lord's-Supper be admi­nistred many times, yet Baptism is not, or ought not to be but once, because Baptism is the Sacrament of Initiation, and the Lord's-Supper of Nutrition and Increase, Baptism is a Regenerating, and the Lord's Supper a Confirming and Strengthening Ordinance. Now, as there is but one beginning of spiritual Life, thorough Regeneration, and there is but one Intro­duction and admission into the Covenant, so the Sa­crament of these things ought only once to be ad­ministred, but as during our whole Life we need spiritual Nourishment, so the Sacrament of it ought often to be reiterated, as in our natural Life we are born but once, but we must Eat often to pre­serve our Life.

I must resolve a Difficulty, and then I have done. 'Tis said in one place, Ephes. 4.5. One Lord, one Faith, one Baptism. And in another 'tis spoken of the Doctrines Heb. 6.2. of Baptisms, as of many. There is certainly but one Sacrament of Baptism, instituted by our Lord Je­sus. In that first place the Apostle exhorteth the E­phesians to Unity, for this reason, that our whole Sal­vation is grounded upon it, in it's Principle, Progress, and End, One God, One Lord, One Faith, One Ba­ptism, one Hope, one Body, and one Spirit, whereby all these are united: In consequence of this, we find Acts 4.32. the multitude of those that believed were of One [Page 115]Heart, and of One Soul, Philip. 1.27. and ought to stand fast in one Spirit, with one Mind. So that this admits of no diffi­culty. But in the other place the Apostle exhorteth the Hebrews to tend to a perfection, and make a fur­ther progress in the knowledge and way to Salvation, the Principles thereof having been laid before, where­of he nameth some, as Repentance, Faith towards God the explication of what is signified in baptism, called the Doctrine of Baptisms, of laying on of Hands, of Resur­rection, and of Eternal Judgment. And such Articles as are taught in Catechisms. The Apostle doth not Institute many baptisms, for there is but One, that of John Baptist, and of Christ being the same, but the Do­ctrines of Baptism are several, as of Repentance, Mark. 1 4. of the Remission of sins, of Regeneration, &c. Now though there be but one Sacrament of baptism, there are two parts of it, the Earthly, or the sign, and the Heavenly, or thing signified, which both are called ba­ptism, and in this place St. Paul meaning both, calleth them baptisms.

In the Primive Church several good Rites were ob­served by those who being of competent Age, were to be baptised, as the giving in of their Name amongst those who professed themselves Christians, the Exami­nation they submitted to, and gave an account of the Progress they had made in the Christian Doctrine, then the Confession of Faith, and the Apostle's Creed amongst the rest was a renunciation to the Devil and to his Works, all which may well be continued in re­lation to those new Converts, who are come to Years of Discretion, before they be baptised: And herein we shall not disagree with Anabaptists, or others, but as to Questions put to a Child newly born, when he is baptised, about that Renunciation, Whether he will forsake the World, &c. and the Answer of the God-father and God-mother in his Name, is Ridiculous, and, as it were a jest, not to say worse, in so holy and Serious a business; to ask questions of a Child, who can neither Hear, Understand, nor Speak, and take the Answer of a stander-by, who cannot well answer for himself, without a special Proviso, as, if God thorough Free-grace will be pleased to enable him, and though one could answer for himself, it doth not follow he [Page 116]may answer for others. All that Fathers, God-fathers, and the like can do upon such an occasion, is to Pro­mise, when the Child is come to an Age capable of being taught, they will take care to see he be In­structed in the Knowledge and Fear of God, accord­ing to the Rules of Christian Religion.