whether he will fwear or not when he speaks. Major confuetudo majorem intentionem flagitat : "The more in66 veterate a cuftom is, the greater care should be used to break ourselves off it."

In short, this practice is fo contrary to fo plain a precept of our Saviour, and by the breach whereof we incur fo great a danger, as St. James affures us, that it must be a great charity that can find out a way to reconcile a common cuftom of fwearing with a serious belief of the Christian religion. Which I would to God thofe who are concerned would seriously lay to heart; especially, fince this fin, of all others, hath the least of temptation to it. Profit or pleasure there is none in it, nor any thing in mens natural tempers to incite them to it. For though fome men pour out oaths fo freely, as if they came naturally from them; yet furely no man is born of a fwearing conftitution.

All that can be pretended for it, is custom and fashion. But to fhew that this is no excufe, it is very obfervable, that it is particularly in the matter of oaths and perjury that the Holy Ghost gives that caution, Thou jhalt not follow a multitude to do evil.

And, laftly, It deferves to be confidered, that this fin is fo much the greater, because of the frequent returns of it in those that are accustomed to it. So that, although it were but fmall in itself, as it is not; yet the frequent practice of this fin would quickly mount it up to a great score.

2. To reprefent the heinoufnefs of the fin of perjury. But, before I aggravate this crime, it is fit to let men know how many ways they may be guilty of it.

ift, When a man afferts upon oath what he knows to be otherwife; or promiseth what he does not intend to perform. In both thefe cafes the very act of fwearing is perjury. And fo likewife when a man promiseth upon oath to do that which it is unlawful for him to do, because this oath is contrary to a former obligation.

2dly, When a man is uncertain whether what he swear to, be true. This likewife is perjury in the act; though not of the fame degree of guilt with the former, because it is not fo fully and directly against his knowledge and confcience. For men ought to be certain of the truth

of

ture.

of what they affert upon oath, and not to fwear at a venAnd therefore no man ought pofitively to fwear to the truth of any thing, but what he himself hath seen or heard; this being the highest affurance men are ca pable of in this world. In like manner, he is guilty of perjury in the fame degree, who promifeth upon oath what he is not morally and reasonably certain he fhall be able to perform.

3dly, They are likewife guilty of perjury, who do not ufe great plainnefs and fimplicity in oaths; but answer equivocally and doubtfully, or with refervation of fomething in their minds, thinking thereby to falve the truth of what they say. And we all know who they are that make use of these arts, and maintain them to be lawful, to the infinite scandal of the Chriftian religion, and prejudice of human fociety; by doing what in them lies to destroy all faith and mutual confidence among men. For what can be a greater affront to God, than to use his name to deceive men? and what can more directly overthrow the great end and use of oaths, which are for confirmation, and to put an end to ftrife? whereas, by thefe arts, the thing is left in the faine uncertainty it was be fore, and there is no decifion of it. For there is hardly any form of words can be devised fo plain, as not to be liable to equivocation: to be fure, a man when he fwears may always referve something in his mind which will quite alter the fenfe of whatever he can fay or promise upon oath. And this may be laid down for a certain rule, That all departure from the fimplicity of an oath, is a degree of perjury; and a man is never a whit the lefs forfworn, because his perjury is a little finer and more artificial than ordinary. think by this device to fave themselves harmless from the And though men guilt of fo great a fin, they do really increase it, by ad-ding to their iniquity the impudent folly of mocking God, and deceiving themselves.

And whereas it is pleaded in the favour of mental refervation, That the whole propofition, as made up of what is expreffed in words, and of that which is reserved in the mind, is true: for inftance: If a man, being afked upon oath, Whether he be a Priest? fhall anfwer heis not; referving in his mind, that he is not a Priest

of Bacchus, or fome fuch thing; the whole propofition is true and then, they fay, a man may fwear to that which is true, without danger of perjury: This is of no force; because, though the whole propofition be true, it is deceitful, and contrary to that fincerity which ought to be in an oath. And the end of an oath is hereby likewife defeated; which is, to ascertain the truth of what we fay: but if a man referve fomething in his mind which alters the truth of what he says, the thing is still as doubtful and uncertain as it was before. Befides, if this be a good reason, a man may fwear with reservation in all cafes; because the reafon equally extends to all cafes: for if the truth of the propofition, as made up of what is expreffed in words, and referved in the mind, will excufe a man from perjury; then no man can be perjured that fwears with refervation. But this the cafuifts of the Roman church do not allow, but only in fome particular cafes; as before an incompetent judge, or the like: for they fee well enough, that, if this were allowed in all cafes, it would deftroy all faith among men. And therefore fince the reason extends alike to all cafes, it is plain that it is to be allowed in none.

4thly, He is guilty of perjury after the act, who having a real intention when he fwears to perform what he promiseth, yet afterwards neglects to do it; not for want of power, (for fo long as that continues, the obligation ceaseth), but for want of will, and due regard to his oath.

:

Now, that perjury is a moft heinous fin, is evident, because it is contrary to fo plain and great a law of God; one of the ten words or precepts of the moral law: Thou halt not take the name of the Lord thy God in vain; thou fhalt not bring or apply the name of God to a falfhood; or, as Jofephus renders it, Thou shalt not adjure God to a a falfe thing which our Saviour renders yet more plainly, Matth. v. 33. Thou shalt not forfwear thyself. For he feems to refer to the third commandment, when he fays, Ye have heard that it was faid to them of old time, Thou shalt not forfwear thyself, as he had done before to the fixth and feventh, when he fays, It was faid to them of old time, Thou shalt not kill, Thou shalt not commit adultery. So that the primary, if not the fole intention of

this law, Thou shalt not take the name of the Lord thy God in vain, is to forbid the great fin of perjury. And I do not remember that in fcripture the phrase of taking God's name in vain, is used in any other fenfe. And thus it is

certainly used, Prov. xxx. 9. Left I be poor, and steal, and take the name of the Lord my God in vain; i. e. left poverty should tempt me to steal, and stealth should engage me in perjury. For among the Jews an oath was tendered to him that was fufpected of theft, as appears from Lev. vi. 2. &c. where it is faid, If any one be guilty of theft, and lieth concerning it, or fweareth falfely; he fall reftore all that about which he hath fworn falfely. Left I Steal, and take the name of the Lord my God in vain; that is, be perjured, being examined upon oath, concerning a thing ftoln. And for this reafon the thief and the perjured perfon are put together, Zech. v. 4. where it is faid, that a curfe fhall enter into the house of the thief, and of him that fweareth falfely by the name of God. From all which it is very probable, that the whole intention of the third commandment is to forbid this great fin of perjury. To deter men from which, a fevere threatening is there added, For the Lord will not hold him guiltless that taketh his name in vain; that is, he will moft feverely punish such a one. And it is very obfervable, that there is no threatening added to any other commandment, but to this and the fecond; intimating to us, that, next to idolatry, and the worship of a falfe God, perjury is one of the greatest affronts that can be offered to the divine Majefty. This is one of thofe fins that cry fo loud to heaven, and quicken the pace of God's judgments: Mal. iii. 5. I will come near to you in judgment, and be a fwift witness against the fwearer. For this God threatens utter deftruction to the man and his house, Zech. v. 4. fpeaking of the curfe that goeth over the face of the whole earth: God, fays he, will bring it forth, and it shall enter into the houfe of him that fweareth falfely by the name of God, and fhall remain in the midst of his houfe, and fhall confume it, with the timber thereof, and the ftones thereof. It fhall remain in the midst of his houfe, and fhall confume it: This fin, by the fecret judgment of God, undermines eftates and families to the utter ruin of them. And among the Heathen it was always reckoned one of the greatest of

crimes,

crimes, and which they did believe God did not only punish upon the guilty perfon himself, but upon his family and posterity; and many times upon whole nations; as the Prophet also tells us, that because of oaths the land

mourns.

I need not use many words to aggravate this fin. It is certainly a crime of the highest nature; deliberate perjury being directly against a man's knowledge, fo that no man can commit it without staring his confcience in the face; which is one of the greatest aggravations of any crime. And it is equally a fin against both tables; being the highest affront to God, and of most injurious confequence to men. It is an horrible abufe of the name of God, an open contempt of his judgment, and an infolent defiance of his vengeance. And, in refpect of men, it is not only a wrong to this or that particular perfon who fuffers by it, but treafon against human fociety; fubverting at once the foundations of publick peace and juftice, and the private fecurity of every man's life and fortune. It is a defeating of the best and last way that the wisdom of men could devife for the decifion of doubtful matters. Solomon very fully and elegantly expreffeth the destructive nature of this fin, Prov. xxv. 18. A falfe witness against his neighbour, is a maul, and a fword, and a fharp arrow; intimating, that, amongst all the inftruments of ruin and mifchief that have been devised by mankind, none is of more pernicious confequence to human fociety, than perjury, and breach of faith. It is a peftilence that ufually walketh in darkness, and a secret ftab and blow; againft which, many times, there is no poffibility of defence.

And therefore it highly concerns those who, upon thefe and the like occafions, are called upon their oath, whether as jurors or witneffes, to fet God before their eyes, and to have his fear in their hearts, whenever they come to take an oath; and to govern and discharge their confciences in this matter by known and approved rules, and by the refolutions of pious and wife men, and not by the loose reasonings and refolutions of pamphlets, fent abroad to ferve the turns of unpeaceable and illminded men, whether Atheists, or Papifts, or others, on purpose to debauch the consciences of men, by teach