OF PERJURY. A SERMON Preached at the ASSIZES HELD AT CHESTER, April the 4 th'. 1682. By John Allen, M. A. Fellow of Trinity College in Cambridge, and Chaplain to the Lord Bishop of Chester. Totius injustitiae nulla capitalior est, quam eorum, qui tùm, cùm maximè fallunt, id agunt, ut viri boni esse videantur. Tully de Offic. Lib. 1. LONDON, Printed for Benj. took at the Ship in St. Paul's Churchyard, and George Atkinson, Bookseller in Chester. 1682. TO THE RIGHT WORSHIPFUL Sir Robert Leycester Baronet, Foreman; AND The rest of the Worthy and Loyal Gentlemen of the Grand Jury, for the Assizes lately held at Chester. Gentlemen, THe Preaching of this Sermon was undertaken at the request of the High Sheriff, an Honest, Truehearted and Loyal Gentleman, an Ancient and Faithful Servant to His Majesty: But the Printing of it was extorted by Your importunity; You have thrust me into the World perfectly against my humour and inclination; and You have thereby exposed me to the exceptions and censures of this captious Age, of peevish, ill-natured, and ill-affected Persons: To You therefore I flee for shelter; Your Protection I claim, on Your judgements I have relied: You are bound in Honour and Justice to excuse the Faults of this Discourse; to vindicate the Truths, to justify the Doctrine, and to abhor the Perjuries herein mentioned. I have some encouragement to hope, that the Sermon will please the honest, the Faithful and the Loyal, because it pleases you, who are eminently such; that it may be in some degree useful and seasonable for these Times, because You think so: And if it chance to be carped and cavell'd at by the Factious and the Seditious; by false Witnesses, and corrupt Jurors, by the Old Covenanters, or New Associators, as being peculiarly levelled against their Designs and Practices; Yet however we need not fear, we have this advantage upon them, that whoever rail, or even mutter against us, do thereby confess their own guilt; and so their Credit is cracked, and their Testimony becomes invalid; Their Tongues are no Slander, their ill-words are no Disparagement; no more, than their good ones can be a Commendation. My Design in Preaching, and Yours in Publishing this Discourse, I dare confidently say, were both the same; To Convince the Guilty, and make them truly sensible of their Sin and Danger, in order to their Repentance: And to fix and 'stablish the slippery and wavering Tempers of those, who are apt to be drawn in by great Examples, or specious Pretences, or the Prospect of temporal Advantages. That our joint Endeavours may prove, by God's blessing, useful and instrumental to these great and good Ends, shall be the hearty Prayer of, Gentlemen, Your most Obedient, and most Humble Servant John Allen. Of Perjury, A SERMON Preached at the ASSIZES HELD AT CHESTER. April the 4 th'. 1682. Leviticus XIX. 12. And ye shall not swear by my Name falsely.— I Have made choice of these words, as a subject both suitable to this solemn Occasion and seasonable for the Times: The times are notoriously pestered, disturbed and endangered by the variety and frequency of Perjury; and upon this account the Occasion may seem to require a serious and plain Discourse, that, by God's blessing, may prove serviceable, and useful, to advise and admonish All that are concerned, so to discharge their duty to God, to their King and Country, that not the least blemish or tincture of this sin may defile their Consciences, or disparage their proceed. I had intended to have given an account (by way of Preface) of the Nature, Kind's, End or usefulness, Lawfulness and Obligation of Oaths, together with the most usual Forms and Ceremonies of solemn Swearing, Ancient and Modern; but am forced to wave all that, by reason of the largeness and copiousness of my subject. My design is to discourse of the sin of Perjury, and to give you a full account of it in this method. 1. I shall show what Perjury is, and how many ways it is committed. 2. The heinousness and aggravations of it. 3. What are the usual occasions of, inducements and temptations to this sin. 4, And lastly. The punishments of it by the Laws of God and Man. 1. Perjury (as the Text tells us) is a Swearing by God's Name falsely: as Philo describes it, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a calling God to witness for the Confirmation of a Lie: And is committed these several ways. 1. When Men do assert and testify upon Oath, a thing to be true, which they know to be false; when they swear, That they saw, or heard such or such things done or spoken, which their own Consciences tell 'em, they did not. 2. When Men do assert and testify upon Oath, a thing to be true, of the truth of which they are not fully assured: Nay though the thing should be true; yet being it is more than they knew, they are however guilty of Perjury; because they call God to witness, and appeal to him for the attestation of that as certainly true, which, for aught they know, may be utterly false. To these we may add, that when Men declare upon Oath, this or that to be their judgement, and the sense of their minds, which really is not so; or which is grounded on bare suspicions or fond wishes; or which proceeds not from full conviction, but from partial and by-respects, This is also Perjury. So then, if Witnesses sworn to testify the Truth, the whole Truth, and nothing but the Truth, do depose falsities, do conceal, and suppress, the most material Evidence; do improve and enlarge their testimony with the additions of their own fancies, and inventions, They are plainly perjured. So likewise, when Men sworn to inquire, and inform the Courts of Justice, do not find Bills according to fair, full and legal Evidence, against some sorts of persons, out of love, fear, favour and affection, or hope of reward: Or do find 'em against others, out of envy, hatred, malice, etc. If Men, from the forenamed motives, do acquit the Guilty, or condemn the Innocent: This is Perjury in the Jurors, in God's account, in his sight, according to his Laws, though possibly the Laws of the Realm may take no Cognizance, or hold of them. These things I mention, and desire All, that are, or may be concerned, to consider seriously, and to be sensible of their danger; and that, because such miscarriages do happen sometimes to the scandal of Religion, to the reproach of our Nation, to the obstruction of Justice, and the perversion of our good Laws: And because men's passions, and prejudices, and interests do so frequently tincture their judgements, and bias their wills, that it is a very hard thing for some Men to be Witnesses, and not be Parties too; they are insensibly, and yet powerfully suborned, to give in their Evidence, with more or less weight, according to their inclination or aversion to a person, to a Party, or a Cause: And it is not to be denied, that Jurors also may be in danger to abuse their trust and assume a liberty to admit or reject what they please of the Evidence; to believe whatever is deposed in some cases, and in others just nothing at all: Nay to interpret the Laws in favour of the offenders, and declare it against Law, to put the Laws in execution. 3. They that promise upon Oath, what they intent not to perform; or are unresolved and indifferent, whether they shall perform it, or not; These are ipso facto guilty of Perjury: because they swear by God's Name falsely; they call God to witness, and to vouch for the truth, and sincerity of their promise, when the intention of their minds does not concur with the words of their mouths: Now although it be the Prerogative of the searcher of hearts, to know men's thoughts; yet, in some cases, it is not impossible, no nor difficult for us, to pass a right judgement upon some men's very intentions; we may know them by their fruits, their words, and their actions, do abundantly expose and discover the treachery of their minds: It is not so easily forgotten, as it was forgiven, that a Rebellion was begun by Men, who at the same time promised, and swore, and Covenanted to preserve and defend the King's person, and Authority: And if we observe now (as who can choose?) the Behaviour, the Discourses, the Practices of those yet remaining, and Surviving Politicians, and of their too forward Pupils also; we shall find it an hard task to judge favourably of them, and to reconcile their suspicious carriage, with their Loyal Oaths. And we cannot but take notice, that several Men for their advantage, or in order to conceal, as yet, their Traitorous, and Unripe designs, will not refuse any Test, or Oath required by the Law, to express, and make a show of their Loyalty; though God and their own Souls can witness, and their actions declare, that they had much rather let them alone, and done't intent to be obliged by them: Men that will come to the Sacrament once or twice in their lives, in a Civil way, that is, upon entering on some Office, some gainful or honourable employment, but scarce ever come near the Church, either before or after: And will take the Oaths of Allegiance, and Supremacy, rather than forgo any temporal advantage, or be disabled for service; but make no Conscience to break 'em, when 'tis more for their interest. 4. They also are guilty of Perjury, that having promised upon Oath sincerely, and with an honest intention, do yet afterwards fall off, and renounce the obligation, do not faithfully, and resolvedly endeavour, and take care to fulfil their word, do act contrary to their Oath, when a just occasion requires, and calls for the performance of their promise, or sworn duty. I use all these expressions, that I may reach to most or All cases of this nature: And this is called properly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (says Chrysippus the Philosopher) that is, to swear falsely, Ap. Stob. c. 28. so as that our actions do not answer to our words, as the former was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, when our words do not agree with our hearts and minds: And accordingly he tells us, that at the instant of taking (or rather giving) a promissory Oath, a Man cannot be said properly, either 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, because, as it respects the future, a Man cannot be known to have sworn truly, or falsely, till the time of fullfilling his promise does discover his faithfulness, or falsehood: But this Critical nicety will not hold: for if a Man having confirmed his promise by an Oath, and that sincerely, and with intention to keep it (for instance, to pay a sum of Money upon a set day) shall in the intermediate time contrive to evade the obligation, and to break his word, you cannot but think, that he is really guilty of Perjury; and that too, though he should not be able effectually to shirk, and avoid the payment at the appointed time. But however there can be no dispute, no use of this distinction, as to the breach of those promissory Oaths, that are taken to reinforce a known, and antecedent duty; or those, whose obligation does take place, and lay hold upon our Consciences, at, and from the very moment of swearing: For they that do not continue in that honest, and faithful intention, in which they took their Oaths; they that have no mind to be obliged any longer by them, are contriving how to break them to the best advantage, are seeking excuses, and evasions to palliate their perfidiousness: These Men are guilty of Perjury, nay though (for want of opportunity and power) they proceed no further; because having bound their Souls with a bond, Numb. 30.2. having sworn by the help of God, and by the Contents of the Gospel, to perform their promise, having called in God to be Surety for them, and (as it were) bound with them; They do yet, as much, as in them lies, as far as they dare for fear of the Laws, and Civil punishments, without any respect, or regard to Conscience, and the fear of God, disengage themselves from the obligation of their Oaths. 5. They are involved in the guilt of Perjury, who against, or without the consent of the Supreme Power, do frame, and impose upon others, or take themselves new Oaths, contrary to, and destructive of their former obligations. This is a ticklish point, as the times go, and therefore I shall explain and confirm it the more largely and carefully. I must tell you then, that an Oath can reinforce a former; or induce a new obligation, where there was none before; but cannot destroy an antecedent one; or super-induce another repugnant to it; and one main reason hereof is this, because by every such obligation, a right does accrue to another; to Him, to whom the promise is made; and we become thereby indebted to Him, and bound in Conscience; and He hath a Right and Lawful power to challenge, and demand of us, as a duty, the just performance of it: and therefore it is most unreasonable, and unequal, most injurious and unjust, that his right should be infringed by any act of ours, without his leave and release first obtained. I must further tell you, that we are bound in Conscience to be subject to all our Superiors according to the nature, quality and extent of their dominion over us: And consequently to the Supreme or Sovereign in all things, not counter-manded by His only Superior the King of Heaven; which duty and obligation of ours, a subsequent Oath taken against or without his consent, can by no means disannul and cancel. All which is proved from Numb. 30. at the beginning of the Chapter, where the Rule is thus given: If a Daughter still remaining in her Father's House; or if a Wife do vow a vow unto the Lord; if the Father or Husband respectively do hear of it, and hold his peace, and express no dislike of it, the Vow shall stand; but if Father or Husband do upon notice thereof disallow it, than the Vow of either of them shall not stand, shall be of none effect: God will forgive and excuse them, but the obligation shall not take place: And if this be so, then certainly by parity of reason, we may conclude, That no Subject hath a right or power to oblige himself by Oath, to the Prejudice, and against the Consent of the Sovereign: And if any Man hath been drawn in, and entangled in such snares, He must forthwith disengage himself, and come off, begging God's and the King's pardon for his folly and rashness; He must remember that he is pre-engaged; He may, and aught to renounce the treacherous Oath, as being illegal, and unable to lay hold on his Conscience. But this is not all; if the Matter of these Oaths be unlawful, if against our plain duty, and our former Oaths and Obligations; then do they certainly involve us in Perjury; and cannot be justified, neither by the goodness of the intention, nor the greatness of some men's fears, nor the piety of their pretences, nor their Zeal for Religion and the public good: Such are the Solemn Leagues and Covenants, Engagements and Associations, contrived by perfidious Politicians, and greedily swallowed by the Seditious and the Schismatic, by the Lovers of Change, the Malcontents, the blind and furious Zelots, and the deluded and ill-taught party of the Nation. 6, And lastly, They are guilty of Perjury, who make use of Tricks and Cheats, and subtle Artifices, to evade and elude the obligation of their Oaths; who will not understand the words of an Oath, in their Assertions, or Promises, according to the plain, , and common acception of them, but by fastening a secret Sense of their own, upon some Ambiguous terms, or by some Reserves, or Exceptions, or Additions within their minds, do quite alter the meaning of the words, and thereby intent neither to be obliged to speak truth, nor perform their promises. The Romish Casuists are notoriously faulty in this point, they are not ashamed to prescribe Rules of Aequivocation, Mental Evasion, and Reservation; they set down Forms, and propose several Models, and Examples of them, for the help of Novices: they teach their Disciples, when and where, and upon what occasions they may be used; and undertake to prove, that they are lawful and expedient, and in some cases necessary: And their forward Scholars do easily learn, and are very expert and ready to practise according to their instructions. But perhaps They are not the only Aequivocators in the World; they don't engross the whole Trade to themselves: There are some True Protestants towardly enough to imitate the subtleties of the Jesuit; who, when they find they are cramped and fettered by an Oath, that does pinch and fret 'em, then have recourse to Jesuitical distinctions, to their shifts, Reserves and Evasions; they swear first, and then after vows they make enquiry: they will find or make some creeping hole to escape at; they will screw and wrest and wind and turn and torture the words, till they have made 'em pliant, and yielding to their Sense, and consistent with their Designs: They take no care to perform, what they have sworn, but only to for-swear themselves Ingeniously, and according to Art. But none of these tricks will exempt either sort of 'em from the guilt of this sin; and that, because an Oath ought to be taken, and kept too, in the most plain, free, open-hearted and ingenuous way that can be, with all simplicity and sincerity of mind; and in that Sense of the words, that they usually bear, and are commonly taken in; and particularly in that Sense, that the Parties to whom we swear, they for whose satisfaction or information we give our promise or testimony, do, or must be supposed to understand 'em in. I will dispatch this particular with this necessary Observation; That there may be Aequivocation in the very frame of an Oath, as well as in the minds of deceitful Swearers: Some Oaths both of former and later date, are so neatly contrived, so cunningly worded, and so doubtfully expressed; are adorned and set forth in such specious colours; are composed and recommended by such Zealous Reformers; are guilded over with such glorious pretences, that many easy, and well-meaning people are drawn in, 2 Sam. 15.11. in their simplicity, and know not any thing of the main Design, and the Rebellion intended. But when they are once catched, then shall they be taught, that theirs is a Sacred Oath; that they must make a Conscience of this, more than all their former obligations; then shall they be taught to understand the words in a larger, or quite different Sense; and so by degrees shall at last come to think, that they are bound in Conscience, and by virtue of their Oath, to destroy the Prince, whom they promised to preserve; to ruin the Religion, which, to the best of their thinking, they swore to maintain; and to commit those outrages, that Murder, and Sacrilege, and Rapine, which they never dreamt of, or could perceive in their Religious Covenant; but would possibly have abhorred the very remote apprehensions of such horrid villainies. That's the First. 2. The Second is the Heinousness of this sin of Perjury; and that will appear in general: First, if we consider that there is no sin almost whatever so odious, and infamous in the judgement of All Mankind, that have any sense of Religion and common honesty, as This: For the Reverence of an Oath is Natural to us, and implanted in us; this Sacred, and Solemn Appeal to God, hath been ever held in so great Veneration, both as a part of divine and immediate worship, and as the main support of truth, and faithfulness; that, whoever did presume to violate and profane it, was generally abhorred, as a most impious and treacherous Villain: Methinks it makes one's stomach rise against him; a Man can't excuse or pity him, can't find in his heart to pray for him, or wish him well. Give me leave, therefore, to expose this great Sin in its proper Colours, and load it with its due aggravations; that so All those, that have seen, how many ways it can be committed, may by a just sense of its horror and heinousness, be admonished, and terrified from involving themselves in so great guilt. First then, Perjury is an Affront to God, and to All those glorious Attributes, that shine forth, and display themselves in the Government of the World. He that forswears himself, does thereby profane the most Holy, and Reverend Name of God, by making it the instrument of his deceit, and treachery: He appeals to the Searcher of Hearts to conceal and countenance his Hypocrisy: He calls upon the God of Truth to attest a Falsehood: He dares his Power, and defies his Justice and Vengeance: He lays his unclean Hand upon the Holy Gospels; He kisses the Book with his deceitful and lying Lips: He invokes the help of God to protect and prosper his Perjury: He renounces All the Truths: He disclaims all the Promises: He disregards all the Curses contained in that Holy Volume. Other sorts of Sinners are generally more modest, and shamefaced; use more respect and good manners to their Maker, even when They offend Him: They have commonly an awe, and concern upon them, and strive (though in vain) to conceal themselves from his Allseeing eye, and to cover their sins with secrecy, or darkness; or at least to put off the thoughts of God's presence, and stifle the fears of his Power and Justice: But the Perjurer is rude and insolent, is loud and clamorous; — Aspice quantâ Voce neget, quae sit ficti constantia vultûs. Juvenal. Sat. 13. He has cased his countenance with Impudence and Hypocrisy: He fears neither God nor Man: He swears with courage, and a loud Voice: He stairs God in the Face: He calls upon Him to look on, to hearken and be a Witness, how cunningly and securely He can abuse and profane His Name for the Confirmation of a lie; He challenges God to come forth and engage, and be bound with him, for what He never intends, or will take no care to perform. Can there be a sin more impudent and heinous than This? Is it possible to reconcile this with so much as the show, and pretence of Religion? Can those Men that affront their God, and profane his Name at this rate, persuade themselves, or any Body else, that they have any the lowest degree of Love, or Fear, or Trust in God, or any of the Christian graces? Is it possible for those Men, Epist. 154. sine ullâ dubitatione, minus malum est per Deum falsum jurare veraciter, quam per Doum verum fallacitèr. for All their pretences, and noise, to be hearty Zealous against Popery and Idolatry, who make no scruple of Perjury? It is not, if S. Austin tells us true; That without all doubt, it is a less sin to swear truly by a false God, than to swear falsely by the True One. And so makes Perjury a more heinous Crime, than Idolatry itself. And is it not a madness in us to cry up, and magnify, and take Those for our Examples and Leaders, and the Guides of our Consciences, and Practices, that have forsworn themselves over and over; that were never true to any Government; that never were, or never will be faithful to This. Oh my Soul! come not thou into their secrets; Have thou nothing to do with those wicked Men, that will never be obliged to speak truth, or perform their promises. 2. Perjury is not only an impious and impudent affront to God; but is also most injurious and mischievous to 1. Man, to our Neighbour: And that first in his private capacity, in All his concerns of what kind soever, though never so dear unto him: His Life, his Liberty, his Reputation, his Estate are All at the mercy of the Perjurers: Psal. 35.11. and though They lay to his charge things, that He knows not, as David speaks; though They invent and forge groundless accusations, against the most perfect Innocence; yet if they prove and attest 'em upon Oath, if they call on God to confirm their lying Evidence, There is usually no sense, no shelter against their malice and treachery. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Themist. Orat. 1. We can guard ourselves, in most cases, against open violence: We can preserve our Goods from Thiefs and Robbers: We may find, generally, some guard and shelter against other injuries; but Perjury is an Arrow that flieth in darkness; it is a Surprise, a Stab: It destroys us by Mining or Ambuscade; it takes away all our Armour, the Armour of Innocence, in which we trusted: It cuts off our retreat, it leaves us naked, and unable to stand, and defend ourselves against its secret violence. 2. Perjury is injurious to Conversation, and Commerce: All our Deal, and Trade, and Contracts, and Friendships are grounded upon, and managed by the Faith and Assurance, that we give and take of the sincerity of our minds, and purposes, expressed by our words, and in great concerns, confirmed by our Oaths: This ties and compacts us together, makes us useful, and helpful, and serviceable to each other: This creates, and preserves Love and Kindness, and Mutual Affection, and Endearments, and the Intercourse, and Circulation of good turns and benefits. But if after all this, Men shall assume a liberty to deceive and impose upon their correspondents, to deny their own words, and to break their promises: What must This come to? How shall any Man know, whom to trust, whom to employ, or whom to speak to? If this should prevail, all Society must be dissolved; every Man must set up for himself, and fall into Mr. Hobbs' state of Nature, and proclaim War against all Mankind beside. 3. But then further: As to Government, and the Consequents of it, Peace, and Order, and just Liberty: There is nothing but Perjury can destroy it, and deprive us of them: Nothing but Perjury can carry on Faction, and begin a Rebellion: Nothing but the highest Profanation of God's Name, can ruin the Monarchy. All that are entrusted in any Office or Employment, either Civil, Military, or Sacred, have given the best assurance to the Prince, that a Promise can make, and an Oath can bind; that They will bear Faith, and true Allegiance to His Majesty, His Heirs, and Successors, and Him and Them will defend, to the uttermost of their power, against All conspiracies and attempts whatsoever, that shall be made against His, or Their Persons, their Crown and Dignity, etc. But if These Sacred Bonds must be broken in sunder upon every Shame, and hold us no longer, than some Men please; then certainly do we incur the guilt of a most heinous and grievous sin, or rather a mass and heap of horrid Crimes: We not only violate the Laws of God and Man, but also become most treacherous and ungrateful to the Prince, that relies and depends upon our fidelity, that hath obliged us All by the general influences of his most gracious and benign Government; and many of the most Factious and dangerous tempers among us, with particular, signal and undeserved favours. If we break our Faith, and renounce our Oaths, than we know, what must be the Consequence and Effects of the Perjury: We shall have new Oaths, Iron shackles, clap't upon our Consciences: Wars and Confusions, Sedition and Rebellion; and (if these prosper) then the Ruin of the Monarchy, and of the Church, the Slavery of our Country; Tyranny and Arbitrary power exercised upon us by the worst of our fellow Subjects; This shall be our Portion, and the due reward of our Perfidiousness. 4. And Lastly, Perjury is injurious to public justice: For since an Oath is the main ground of All proceed, in order to decide Controversies, is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, The greatest assurance, that a Man can give of the truth of his Testimony; the last result, the highest and utmost appeal that we can make; and is the end of all strife, Heb. 6.16. as the Apostle speaks: Since Oaths are of constant use in Judiciary Causes, whether Criminal or Civil, and the best means to find out the truth of Matter of Fact, to determine of Right and Wrong, to give every Man his due, to clear the Innocent, and discover the Guilty: It is plain then, that Perjury utterly defeats all these great and useful ends, and makes the Law itself, the instrument of injustice. Perjury in the Witnesses misguides, and mis-leads the Court, destroys men's rights, countenance and confirms the wrongful claims, and pretensions of Knaves and Forgers, and lays on groundless accusations on the most honest, and innocent: And Perjury in the Jury can fetch off, and rescue the most dangerous Criminals from fair and legal Trials; or acquit the guilty in spite of Evidence. So that if this impudent and mischievous sin, should obtain still for the future, as it hath done for some late years; should gain ground universally, as it hath in some particular places; our Laws would be clearly insignificant, or rather basely perverted: the justice of the Nation obstructed; the innocent destroyed; and the worst of Men protected, and encouraged: Our Terms, and our Courts might be adjourned to the great Day of Judgement; and the Lawyers become as useless and contemptible as the Clergy. That's the Second 3. I proceed to the Third, to inquire, what are the occasions of, or temptations to this sin: And this point is set properly in this place; that if we look back to the last general, and consider what a great and heinous sin This is, and look forward to the fourth Head; and observe, what are the punishments denounced against it, by the Laws of God and Man; we may with just reason be induced, and persuaded to reject the temptations, and cut off the occasions of it. And indeed it is sadly strange, and a matter of wonder, and horror, that Men professing Religion with so much Zeal and noise, that so many Scrupulous, Precise, and True Protestants, falsely so called, should make so light, so little or nothing of this great and heavy sin, should swallow Perjuries without strain or chewing; should have recourse to 'em, frequently, and upon all occasions, as to their Guard and Castle, as to their Artillery and Arms offensive and defensive. It is not presumable, that Men of any honesty or Religion, would make so bold with God, and be so mischievous to Mankind, and human Society, as I have shown these false-swearers are: And I am confident, that Perjury to a Conscience truly tender, would appear ghastly and frightful; it is not for a Novice to pretend to this Hellish accomplishment: A Man must be moulded and modelled by previous qualification, and dispositions, or perverted and debauched with erroneous and corrupt Principles; or at least driven and hurried on by powerful examples, or violent passions, or importunate lusts, before he can arrive to this height of impudence and villainy. It need not cost us much trouble or time, to inquire how, and whence it comes to pass, that so many do venture upon this dreadful sin; for if you consider how many several ways Perjury is committed, and take notice also of those, that are scandalously guilty of it; I dare assure; that you will clearly perceive it to proceed from some one or more of these following particulars. 1. Atheism: A denying of God and Providence: This indeed were a plausible and rational account of, a good plea, and excuse for Perjury, if Atheism itself were rational: An Atheist, should he swear falsely every hour, upon every occasion, would do like an Atheist, and act consistently to his Principles: For what should hinder him from complying with our Forms, and Customs of calling God to witness, when it is for his advantage? He knows of no God to come at his call, to look on, and be a Witness of his words, and the searcher of his heart: He believes no Judgement to come, no future state: The unquenchable Fire, the never-dying Worm are Dreams and Fables, and the inventions of Priests and Politicians to keep the People in awe, according to His wise opinion: And therefore he is ever ready to swear, and lie, and promise forward and backward: He makes no scruple to take or break any Oath, because he has no Conscience, no fear of a Deity, and consequently, can securely throw off any obligation: And the truth is, if a Man were to set up the Trade of Perjury, and make his fortunes by it; The readiest way were to begin with Atheism; if he could once conquer that, the other would be an easy and profitable employment, and require no stock, but that of impudence and invention. And in that other sort of Perjury, the Trade of Treachery, and Unfaithfulness, and by the help of That, setting up for Faction, and cutting out work for Rebellion: It is easy to observe, That the most Atheistical persons are commonly the chief contrivers, and the nimblest Craftsmen: These are the Men that maintain Monarchy to be no more jure divino, than Religion itself is; that know no such thing as Paternal, or Patriarchal Monarchy; but seem to hold Commonwealths to have been ab Aeterno, as well as the World; and produced from the fortuitous concourse of Statesmen, as the other from that of Atoms: These are the Men that wrangle loudest against the Prerogative of their Prince; and magnify the power of the People, the great Leviathan. These dispute, and deny the right of Succession, and make all concerns, all obligations, whether to God or the Laws, submit and bow to their only God, and great Idol, Interest, or Self-preservation. 2. Lying, and Treachery, and customary Swearing: These things do qualify, and dispose a Man to forswear himself upon any convenience, or temptation: Because hereby Men throw off that reverence and respect to Religion, that fear of God's Power and Justice, which would restrain them: They have made bold with God's Name so often, and by degrees are grown so familiar with Him, by calling upon Him in common Conversation; that 'tis no great strain to Conscience, if they make some further use of Him in their serious affairs, and in matters of greater moment. By the custom of Lying they have got the knack to deceive, betray and abuse their Neighbour or Friend; and by the custom of vain and wanton Swearing, they have learned to make nothing of an Oath: Put these together, and that is soon done, upon any occasion; and then comes forth and commences a complete and accomplished Perjurer. To this I may add a readiness, and easiness to take new and contrary Oaths: This doth both argue and infer a sleight esteem of the obligation of our former promises and does certainly engage us in Perjury. For when Men find themselves entangled, by different, and contradictory Oaths; we may presume by their actions, that they thus argue with themselves; Since we have taken several, and cross Oaths; it is at least in our liberty to be obliged by whether we please; or rather, the last ought to take place and justle out the former, as being more suitable to our second and best thoughts, and more useful to our present designs. And so Peccant & jurando & juramentum servando, they add sin to sin; they sin both by taking, and by keeping their Oath; whereas they ought in these circumstances to observe the Rules of the Casuists: In malis promissis rescinde fidem: in turpi voto, muta decretum; quod incautè vovisti, non facias: impia est promissio, quae scelere adimpletur: In lib. de specialib. Legib. Or as Philo directs them, To abstain from their unjust and mischievous practices, notwithstanding their Oath, and to implore God's pardon for their rash, and sinful swearing; to discard their false Oath, and adhere to their known duty, and the commands of God; for to double your guilt, when you may come off, and be eased of the half, is a piece of madness and frenzy almost incurable, says Herald To these I might add the usual occasions, and common temptations to this sin: Such are Poverty and Necessity; Covetousness, and hope of Reward; as also Fear whether of Shame or of Punishment, or of Both: In some Ambition and Popularity, a desire, and thirst after honour and greatness. In others, or perhaps in the same, Revenge and Malice; or else Favour, Affection and Partiality: Or lastly, Faction, Sedition and Designs against the Government. As to All which, it may be enough to remark, that when these furious passions, and violent desires are able to overmaster, and run down the fear of God, and the reverence of an Oath in the hearts of Men; then is Perjury the most easy and compendious, the most secure, the most proper way to relieve their wants, or satisfy their covetous desires, or to rid them of their fears, or to gratify their ambition, or to pleasure their Friends, or dispatch their Enemies, or to compass and complete their Seditious designs. And this shall suffice to have spoken to the Third, because I hasten to the Fourth, and Last Head of Discourse. 4. The Punishments of Perjury: and these are severe and dreadful in proportion to the guilt of this great sin. It is a good Rule: Semper perpendendum est damnum, quod ex perjurio resultat: Men ought to weigh well the damages and mischievous consequences of their false-witnessing and perfidiousness (not to others only, but) to themselves; that if Conscience, and the Sense of their duty cannot prevail with them, they may be restrained by the fear of suffering. Eccl'us. 7.36. Remember the end (says a Wise Man) and Thou shalt never do amiss. See what will come on't; see whether Perjury will quit cost, and turn to account; and then venture upon it; if you think 'twill prove for your advantage. Severe Judgements are denounced against this sin by the Laws of God and Man: God declares, that He will not hold him guiltless, that taketh His Name in vain, or forswears himself, as our Saviour expounds it. Matth. 5.33. He will not pardon him; He will not leave him unpunished; Ainsworth on Exod. 20.7. He will not hold him just or innocent in the great Day of Judgement. By the Law of Moses a False-witness was to suffer the same thing as a punishment, Deut 19.19. that he intended to have brought upon his Brother as a mischief. And God declares the severity of his Judgements against this sin by the Prophet Zechariah: The flying Roll was an Emblem of the Curse, Chap. 5.3, 4. that goeth forth over the face of the whole Earth, and shall enter 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; it shall entail a Curse upon his Family, and Estate; as it is commonly expounded. As to the Punishments denounced against this sin by the Laws of Men: I shall not presume to recount what the Common Law does inflict upon Persons convict of Perjury: But what some Canons of the Church and the Civil Laws define, I shall declare briefly. A Perjurer shall be Ten years Excommunicate, says S. Basil. They that Subborn others to forswear themselves, Can. 64. shall not be received into Communion till the point of death; and those, that are drawn in, shall for ever after be deprived of the privilege of giving in their Testimony in any case, and according to Law, branded with infamy: says the Council of Mascon, Tom. 5. p. 970. Can. 17. Shall never be deemed worthy to take an Oath; nor to lie in hallowed ground: That is, shall be denied Christian Burial, says another. And a Council in England, here in the year One Thousand and Nine, called Concilium Aenhamense, ranks 'em with Witches, Sorcerers, Necromancers, egregious Strumpets, etc. And Decrees thus against 'em: Tanquam terrâ indignos, è terrâ projicite, ut purior sit deinceps populus; as unworthy to enjoy the privilege and benefit of their Native Country; Turn them out, and Banish 'em, that the Land may be cleansed, and the rest preserved from the infection. If this good English Cannon were now in force; if this course were taken with those, that are notoriously guilty of this Crime; we might have a fair riddance of the perfidious disturbers of our Peace and Government; we might have a just hope to see the rest of our people (who are drawn in by examples, or abused by pretenders) to return to their Wits and their Honesty again, to their former settlement and quiet, to their Callings and proper business; who now spend their time, and trouble their heads about News and Politics: We might hope to see an end of those jealousies, those Murmur and clamours, those Factious and Seditious designs, and Practices, that have put our people into such a fermentation, and Paroxysm, so high a fit of Frenzy, that they are grown frantic, and delirious, do rave and talk idly, and look wildly, and act extravagantly, do mischief to themselves and others, and threaten to lay violent hands on the Laws, and the Government. But to proceed. Perjury by the Civil Law is punishable by Banishment or Scourging, and always with Infamy beside. But if a Man lost his Life by the Perjury, as by false-witness in Capital Cases, than it was punished by Death, Manum perdant perjuri. Let them lose their hand, says Charles the Great: the right hand, the same that was laid on the Gospels, at taking the Oath. But whatever the Laws of Men define in this case, I am sure, nothing can be so severe, so dreadful, as what we bring upon ourselves, and call upon God to inflict upon us, when we swear falsely: For every Oath doth include an Execration, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Plutarch. or Curse upon ourselves in case of Perjury; and that, whether the Curse be formally expressed, or only employed: For who ever appeals to God, as a Witness of the sincerity of his heart, and the truth of his words, doth thereby also invoke Him, as the Judge, and Avenger of his Perjury, and Perfidiousness, in case he do forswear himself. This would appear more clearly upon the view of several Ancient Forms of Swearing, that have an express Curse annexed to them: Examples whereof may be found in abundance, collected by Brissonius, Filesacus, and others. The usual Form among us that (as it were) binds the Oath, and makes the Sanction is This: Lib. VIII. Select. lib. 3. So help me God; in direct Invocation: Or So help you God, in Adjuration. Which contains and implies a most dreadful Imprecation, a horrible Curse upon our own Souls, if we Swear falsely; for we then call upon God, to withdraw his Help, his Grace, his Mercy from us; we utterly forfeit his favour, and devote ourselves to his severest Vengeance. Every Man, that takes an Oath, doth in effect address himself to God, at this rate: As far forth, as I depose, or promise truly or faithfully; so do Thou Help me (O God I beseech Thee) and bless me, protect and prosper me: But if I Swear falsely, if I Testify a lie, if I Promise deceitfully, if I prove Treacherous to my word; then O God, Thou Righteous Judge, Thou God of Vengeance, I disclaim, and renounce all help, all hopes of mercy from Thee: Let Thy Vengeance pursue, and haunt me; Let all the Judgements of Thy wrath seize and fall upon me: May'st Thou never help me, nor incline Thy mercy toward me, but cast me away in Thy displeasure, and suffer me to perish both here and hereafter. Oh! What a load must this be to the Perjurer's Conscience? What can the World afford, that is able to relieve or support a Soul so desperately guilty, so mortally wounded? To whom shall he flee for succour, when God has forsaken him, and all good Men abhor him, and his own Conscience doth gripe and tear him? And what will it be in the end thereof? What shall be the fatal Doom of the Perjured, but Eternal ruin, and damnation? His portion shall be with the Hypocrite, and with the Traitor, with Achitophel and Judas: Don't think, because God does not lay them sprawling with a Thunderbolt, or strike him over the Face with a flash of , that therefore he is safe, and shall escape the vengeance of the Almighty: No surely; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Phil. despecial. Leg. though God doth suspend the Execution, He will one day reckon with, and take account of this wicked and unfaithful Servant: He will not be merciful to them, that offend thus out of malicious wickedness, but leaves 'em often in an incorrigible estate, and rarely vouchsafes 'em the grace of Repentance, and indeed They deserve no better, says Philo. If Their case then be so dangerous, and almost desperate, is it not sad to observe so many Thousands involved in this great guilt, hugging themselves in the possession, and enjoyment of the advantages of their Perjury, and never expressing any resentment and remorse, for having taken their unlawful and impious Oaths, and for having acted by virtue of them, the greatest Villainies. What! though the Act of Oblivion hath exempted 'em from the penalties of the Law? but can it secure 'em from the judgements of God? That hath saved their lives; but can it purge their Consciences, and save their Souls too? What, though they have (some of them) renounced the obligation, that was for their advantage? That alone cannot demonstrate their hearty sorrow and Repentance. Have they mourned, and bewailed, and confessed their sin? Have they begged God's, and the King's pardon? Have they given satisfaction to the Church for the scandal? Have they made restitution of the Spoil, the Plunder, and the Rapine, the Murder, and the Sacrilege? Have they given Security for their peaceable and good Behaviour for the future? I have so much Charity to wish it were so, with all my Soul; but I have not Faith to believe it: For do they not retain many of them, their old Principles? Do they not train up their Pupils in their own way, in their old Discipline? Are they not practising over again their former Methods? Are they not ready for a new Oath, as bad, or worse than the former? Is not the fatal Composition prepared? And are they not Dieted and fitly disposed to take it? How is it possible to reconcile these things with any show of Repentance, or pretence of Loyalty? What milder, and more gentle thought soever, others may have, I know not; but I declare that I could not administer one drop of comfort from the promises of the Gospel to a Perjured Soul; though he should seem never so sensible of his sin and danger, unless I could prevail with him to disgorge the envenomed Morsel, to make satisfaction to the injured party, if possible, and testify the sincerity of his Repentance by Restitution. There is mercy with God for the truly Penitent; but the case of the Perjurer is dangerous and difficult; His Repentance must be severe, and very particular; it will cost him abundance of Tears to wash off so foul a stain; his Contrition must be sharp and violent, in proportion to the guilt and aggravations of this sin. I have done with the parts of the Text: And now if any Factious, and ill-minded Persons shall take upon them to quarrel and clamour at this honest and well-intended Discourse; I will assure 'em, that I shall be so far from being troubled, or discouraged by their Censure, that I shall take it for a kindness, and great commendation; I shall look upon it as an argument of their Conviction, and the sense of their Gild; which may prove, by God's grace, the first step toward their late Repentance. Beside, if they are not guilty of Perjury themselves, or favourers of them that are, Why are they concerned? Who hath meddled with 'em, or touched 'em? But if they are, it is fit they be told of it, to some purpose; that they may be sensible of their guilt and danger, that they may Repent of their sin, and continue no longer in it; Deut. 17.13. that They may hear, and fear, and do no more presumptuously. I Conclude with a twofold Exhortation: The one to those, that may be concerned either as Witnesses, or Jurors: The other in general to All that are faithful and truly Loyal to their Prince. As to the first, I do most earnestly exhort and beseech Them to consider the nature and several kinds, the heinousness, the occasions and the punishments of this sin; and to take especial care so to discharge and behave themselves, as that they may not in any kind, upon any account incur the guilt of it: To this end I would beg of them, and advise them two things. 1. When they are called to take their Oaths, to do it with all reverence: And 2. To observe, and act according to them, with a good Conscience. They are to consider, that an Oath is a Sacred and Solemn Act of Religion, and Divine Worship; and aught to be performed with as much Devotion, fixedness of Intention, and Fervency, with as much Faith and Humility as any other part of God's Worship. And therefore it were to be wished, that the Oaths in our Courts were administered with more Leisure and Gravity, with more State and Solemnity, with more Emphatical Rites and Ceremonies, than are commonly used; to strike an awe, and terror into the minds of our People, and make them more serious and attentive; or at least, that They were constantly admonished to compose themselves into a Religious temper of mind, when they come to Swear; and also were frequently advised to remember the Tenor or Purport of their Oaths. For (I fear) our People, especially the meaner sort, are apt to be amused and abashed, when they are called into the Court, and appear in that Reverend Assembly: They cannot easily recollect themselves, and take off their thoughts from the variety of amazing objects; or they are framing their Evidence into method; or dressing up their testimony in fine words, and handsome phrases; or thinking of any thing sooner, than what they should do. 2. I do advise, and exhort them to observe their Oaths, carefully to speak and act, according to the tenor and obligation of them: To set God before their Eyes, and a Watch before the door of their Lips, and to place his Fear in their hearts; To give in their Testimony, or their Verdict, not out of Love or Malice, Fear or Favour, or hope of Reward, etc. but out of Conscience and full Conviction, and with a sincere respect to truth and justice. 2. To All, that are Faithful and Loyal to their Prince, I apply the advice of Solomon: Ecclesiast. 8.2. I counsel you to keep the King's Commandment, and that in regard of the Oath of God. Numb. 30.2. By this your Souls are bound with a Bond, as God speaks: your hearts are knit to your Sovereign in Faith and Allegiance: No power on Earth can dispense with your Oath; No pretence can justify the breach of your promise, and sworn duty; You cannot, you must not go from your word, upon any account whatever. Let us therefore be as careful to keep our Oaths, as the Factious designers are to break them. Let us be as zealous and courageous and industrious too, to support, and preserve the Government both in Church and State, as they are stubbornly bend, and furiously acted to demolish and destroy it: While we have good Laws, for God's sake, let us live and act according to them; and let them have their course upon All those, that do violate, affront, and defy them: Those that pretend to complain of Arbitrary power, they, methinks, aught to have Law enough, their belly full, that they may complain for something; if they deserve it. It is recorded of that stiffnecked, Judges 11.7.10, 11. and murmuring people of Israel, that They served the Lord all the days of Joshua, and all the days of the Elders, that outlived Joshua, who had seen all the great works of the Lord, that he had done for Israel; though the next generation that knew not the Lord, nor the works, that He had done for their Fathers, forsaken the Lord, and served Baal and Ashtaroth. Let us then, for God's sake, be as ingenuous, and grateful, at least, as They were: Let us that have seen all the great works of the Lord, in his wonderful deliverance from our Egyptian bondage, in the miraculous Restauration of our Sovereign and Religion: Let us serve the Lord and the King too, all the days of our lives, and not be so foolishly mad, and so desperately wicked, as to relapse, and return to our former frenzy in this Age. Methinks one Rebellion were sufficient for one Generation; and it were too much to be twice choosed by the same-Men, upon the same Pretences, by the same Artifices, and Methods: We were not used so kindly by our late Taskmasters, as to be and dote upon a second Slavery: The Nobility, the Gentry, the Freeholders in general may remember how much they suffered respectively, in their Honcurs or Estates, in their Liberties and Properties, by Popular fury, and Military insolence; and therefore aught to look forward too, and consider, what they must expect, if the Faction should prevail, if the Menarchy be destroyed, if the worst of our fellow Subjects should once more enslave us. It highly concerns us All therefore, both in Duty and Interest, to continue sirmly Loyal to the King, and true to the Monarchy; to keep our old, lawful Oaths, and to abhor all illegal and new ones; to be honest and faithful, and peaceable and obedient to the Government: It is ou● Duty, to beg of God to preserve us from Wicked and Deceitful Men, from the Perfidious, and the Perjured, from bare Pretenders to Religion and Reformation, from false Friends, and false Brethren; to beg of God to preserve our King in Peace and safety, the Monarchy in its full strength, and just rights, the Church in purity, and the Laws in vigour and due execution. And let All, that wish well to our Zion, say Amen. FINIS.