I Shall not spend much Time in pursuit of the coherence and occasion of these words. The wise man tells us, at Verse 16. and 17. of the foregoing Chapter, how difficult and inextricable he had, upon search, found the works of the Divine Providence to be; which he proceeds, in the beginning of this Chapter, to instance in one very observable Remark on the works of God in the promiscuous & indistinguishable Events which befal the Best and Worst of men: from whence men have taken occasion Atheisti­cally, to deny the Providence of God in the Government of Humane Affairs, and ascribed all Events to Fortune, or Chance; Concluding [Page 4] thereupon, that it is altogether a fruitless thing to serve God: and Consequently, in­dulging of themselves in all the mad Cour­ses, which their carnal Lusts stimulate them unto, till at length they Dy like Beasts. That things do thus indifferently fall out in the world, he readily subscribes to, and fully declares, in Verse 2. but yet he praefaceth it with a founda­tion Article, to prevent Atheism, verse 1. viz· That all the works of Good men are in Gods Hand; i. e. under His inspection and management; and Consequently, that they shall be no losers in the end. Though he was not able to trace all the reasons of Gods works, yet he resolved, that he would hold this Clue in his hand, to keep him from being lost in the Labirinth. And truly, if we do not hold this fast as a principle of Faith, viz. that God wisely Governs all the affairs of the Creatures, we shall soon lose our selves in tracing the Meanders of His Pro­vidence.

In this Verse, there are two things to be observed.

1. A General Assertion: All things come alike to all; there is one event. Which must be understood in a limited sense. By, All things, we are not to understand every Dispensation of God to the Children of men; for God Graciously reveals Himself in Christ unto some, [Page 5] and leaves others wholly without this Revela­tion: And some are so Conducted by His Pro­vidence, as to be finally brought unto Glory; whereas others are left to themselves, and at last fall into everlasting Misery. But it in­tends only the outward Dispensation of Gods Providence, with regard to the affairs of this Life, and all the changes of it, Health and Sickness, Prosperity and Adversity, Life and Death. And when he saith, There is one Event to all; it is not to be taken Individually, as if every man were carried through the same Con­dition of Life, in all the particular passages of it; the contrary to which, is very obvious to all that observe the various states of men in this world: Some are in Prosperity, when others are sunk deep in Adversity; some are in Health, when others are Sick; some Dy in their Youth, while others Live to old Age &c. But he intends it of all Sorts of men, and of Individuals only so far, as that they are al­ways liable to, and have no security against the like Condition, none Being exempted from it. His meaning is, that the events of Provi­dence are in this regard, such to one and ano­ther, that there is no Judgment to be made of their being either Loved or Hated by God, from the observation that we make upon them; Or, that this is no Rule for us to Judge of mens State by. Hence;

[Page 6]2. He distributes the Subjects, to whom these Events befal, into two ranks or orders, viz. the Godly and the Wicked: To one of which Heads, every individual person is to be annumerated; for there is no middle state between these two. And he commorates on the Charactarizing of those two sorts, by laying down of several notes, by which they are differenced one from the other; One of which is expressed in the close of this verse The Wicked are called such as Swear; not that every one that Swears is a wicked man, for it is sometimes a Duty so to do; and the thing it self appertains to the true Religion: but such as are vain and common Swearers. The Godly are termed such as Fear an Oath; and this is the only thing that I am now concern­ed withal in the following Discourse. Some understand these words to be Synechdochical, and that by the Swearer is intended every lewd Sinner, who allows himself in a course of wick­edness: And that by him who Fears an Oath, we are to understand such an one, as takes heed to all his wayes lest in any of them he should Sin against God; and such a man­ner of Speech is very frequently to be ob­served in the Holy Scriptures. However, the mentioning of it under this Consideration, not only intimates that this is one of the things [Page 7] that belong to true Piety, but also that it hath a special concern in the discovery of it, and for that reason deserves a particular ani­madversion to be made upon, it. The word which is here translated Feareth, properly signifies, and is for the most part made use of in the word of God, for a Reverential Fear, which proceeds from a Venerable respect that we entertain for the Object of it, which pro­duceth an aw in us, which makes us to apply our selves to it with greatest Caution.

Whence observe this,

DOCTRINE. That every truly Godly man hath implanted in him, and practically maintains a Reverential Fear of an Oath.

This is one Charactaristical note by which the Spirit of God here expresseth the difference between a Godly and a Wicked man; this man Swears at random, whereas the other stands in aw of an Oath. To wave all other discourse on this point, this weighty CASE of Conscience may come under our Delibe­ration, viz.

Quest. What is that Fear of an Oath, that belongs to the Character of one that is truly Godly?

[Page 8] Answ. In general; Let us observe, that a thing may be said to be Charactaristical of another thing, in a double respect.

1. Negatively; When, though the being of it doth not necessarily infer the Conclusion, yet the absence of it establisheth the Contrary conclu­sion. There are some commendable things, which may be found in an Unregenerate man, and therefore cannot of themselves argue that the person who hath them is truly Pious: yet if he have them not, it will be a notorious proof of him to be Impious, and Unregenerate. A Natural man may by the light and influence of his Natural Conscience, abstain from the trade of Common Swearing, and be also very Cautious about an Oath, when he is called to take one: if then a man who makes a great pretence to Holiness, is not thus Con­scientious and Cautious, he in works Denies, that which he in words Professeth: this therefore is not to be excluded from the matter under Consideration.

2. Affirmatively: When it is a proper note of the Subject that is enquired for, and will dif­ference it from all others And this may be Con­sidered either Specifically or Individually: And under our present Consideration, it is that [Page 9] which is specifical that we are seeking after; for the Question is, Who is Godly, and, Who is Wicked? And the resolution of it is to be sought under this Character. There is there­fore such a Fear about Swearing, in one that is truly Gracious, which is not to be found in one that is Unconvertéd. And I shall have regard to both of these Considerations in the resolution of the Case that is before us.

For a more distinct laying of this matter open, we may as Introductory to the thing, take a short account of the Nature of an Oath, by which we may discover the right foundation of this Fear, and what is the genuine ope­ration of it.

An Oath is a solemn Appeal, made by a Rea­sonable Creature unto God, for the Confirmation of the Truth and Credit of his Testimony. The use of an Oath is Civil, it being designed for the upholding of Truth and Credit in Humane concerns, or matters wherein one man hath to do with another, which must be, whiles man is naturally and necessarily a Soci­able Creature. Sinful men are too much ad­dicted to Falshood; for, every man is a Liar, as to the inclination of his Natural Cor­ruption: but an Oath carries awe in it, and hath a Moral Obligation in the very Nature of it, to bind men to the Truth, in that [Page 10] which they Swear unto, Men are also apt to be Jealous one of another, in point of Veracity, and have manifold occasions to ex­cite this Jealously; whereas common Charity bids us to hope, that men have so much of the Dread of an Oath upon them, as will make them afraid of adding it for the Con­firmation of a Lye. And hence, an Oath is Ever an Appendix to a Testimony, for that is the matter about which it is concerned: And it is for the better satisfaction of men, in the maintaining of Communion one with another, of which Truth is the main pillar and sup­porter. An Oath therefore is Attributed to God, not Properly, but Analogically, or speak­ing after the manner of men, when He rati­fies. His Promises or Threatnings, by such ex­pressions as are suited to our Conceptions. But, though an Oath be Civil in its use, yet it is Sacred in its nature, it being an Act of Worship; and is usually referred to the Third Commandment, having God immediately for its Object, and requiring great Reverence of Him in the using of it; for, it is an appeal unto God, who knows all things, and as He is acknowledged so to do, to be a witness of the Truth & Sincerity of the thing which we attest unto, and of our Hearts in it. It therefore always, Implicitly at least, if not Explicitly, contains in it an Hypothetical Imprecation, viz. [Page 11] that the God of Truth would make us Ex­amples of His righteous Displeasure, if we Lye: thus much, and nothing less is included in every Oath. And this is the greatest se­curity that men can give to others of their Veracity; and doth morally leave the great­est awe upon the Consciences of men.

Now, an Oath in regard of the matter of it, and as it respects the Circumstance of Time to which it refers, may come under a double Consideration, viz. in respect of the Time past, or of the Time to come: For in re­gard to the Time present, the thing it self giveth its own evidence, and so an Oath about it, is superfluous. In the former regard it is an Assertory Oath, because it gives a Testi­mony that such things or actions have already been, about which enquiry is made, and the truth of them is thus to be made evident. In the latter respect it is called, either a Pro­missory Oath, when we bring our selves under the most Religious obligation, either to God, and this is usually called a Vow; or to Men, for the performance of any thing, in which God may be Glorified, or men may be be­nefited by us. Or Minatory, when we bind our selves Solemnly, to take revenge upon men for some injuries done us; an example whereof is in David, when he Swore revenge [Page 12] upon Nabal for the abuse he had offered him, 1 Sam. 25.22. Thus we have taken a brief account of the matter it self, about which this Fear is exercised, in which also we have ground offered us to observe, the reason why all good men ought to be thus Fearful.

We now proceed to Consider the thing it self, or the Fear of an Oath which the Godly men are possessed withal: And here, we may first take notice of the Nature of Religious Fear, and then enquire what influence it hath on a Godly man to Regulate him about an Oath?

1. As to Religious Fear, it is often used in the Scriptures comprehensively, for all true Piety, consisting in the New nature, or the Graces of Regeneration, which are infused into us by the Spirit of God in Conversion; and are the Root and Spring of that New-Obedience which we pay to Him. So Job 23.28. The Fear of God, that is Wisdom. Eccles. 12.13. Fear God, and keep His Commandments, for that is the whole of man. But more specially, it is used for that Reve­rend respect we have for God, which makes us very careful to do all the things that please Him; and to avoid whatsoever we apprehend will provoke Him, or grieve His Holy Spirit. It derives from a cordial Love which we have for God, on the account of His being our God [Page 13] and Father in Jesus Christ, and all the ob­ligations that He hath therein laid us under, by admitting of us into that precious rela­tion unto Him: And it consists in a Child­like obedience unto Him; binding us to use our utmost endeavours to return Him a reci­procal Love agreeable to such a Relation, which is exerted in an universal Conformity to His revealed Will; and is at all times ex­cited in us, by a practical Esteem which we carefully maintain in our Hearts, making us to value His Love to be better than Life it self, and to dread His Displeasure at us far more than Death. And this is Ever accompani­ed with a deep sense of our own Sinful infir­mity, and aptness to offend through the Cor­ruption which remaineth in us, and the de­ceitfulness and eagerness which there is in the Law in our Members; together with the indefatigable endeavour of Satan our great Adversary, to Tempt and Sollicit us unto Sin: which excites in us an Holy Jealousy over our selves, and puts us upon Circumspection in every step we take in our Conversation, lest we should do any thing which is unworthy of our Name and Profession. This is that which is usually called Filial Fear, in oppositi­on to that Servile Fear which is in wicked men, whose Obedience is not that of Children, but of Slaves; and though they do many Du­ties, [Page 14] and abstain from the external acts of many Sins, yet it is not because they Love God and His Service, but because their Con­sciences are terrified with His Threatnings: and therefore, when they can suppress these Terrours, they can Sin with delight. Now if a Christian will try himself by any of his actions, whether he be truly Godly; as he must first enquire, whether he do the things that are proper to be done, or are agreeable in the matter of them, to the Divine precept; so he must not Rest there, but reduce them to this Principle and try if they are influenced by this Reverential Fear of God: for in the other, an Unregenerate man may possibly go as far as he. But as to the Judgment of Charity, which we are to exercise towards others, we can but look upon the things themselves that they do, and the care and constancy which they use about the doing of them, and the remorce that they express when at any time they fail in their performances.

2. Now let us enquire what influence this Fear hath into a Godly man, to regulate him about an Oath? And here, we must premise, that al­lowance is to be made for the remainder of Sinful Corruption, which is in the best of Gods people, while in this life, which sometimes prevails so far as to lead them Captive, and [Page 15] draw them into things unworthy of their Pro­fession: but yet we are to Conclude, that ac­cording to the Tract and Tenour of their Con­versation in this world, they will carefully endeavour to live in the exercise of Grace, and studiously Conform to the directions of the Spirit, given them in the precepts of His word. There are therefore several things wherein this Fear will discover its activity in regard of an Oath, and that both with respect to themselves, and to others.

1. With respect to themselves. The Christi­ans first Care begins at home, how he may order himself aright, & so as to keep a good Conscience towards God, & towards man; & this Holy Fear will stimulate him unto it: and upon the account of an Oath, it will instigate him;

1. Negatively, Not to make him to refuse at all to Swear when he is called unto it. The Fear of God doth not lead men to Superstition, tho' it makes them to keep close to the Command: nor is it to hinder Duty, but to put us into a right frame for the doing of it, and then to make us afraid of bringing our selves under the Guilt of neglecting it. That all Swearing is forbidden to Christians in Gospel-times, is Erro­neously argued from Mat. 5.34. I say unto ye, Swear not at all; neither by Heaven, &c. and [Page 16] in James 5.12. where the same precept is re­peated: For our Saviour and the Apostle after Him, do there only forbid Common Swearing, in ordinary Communication; and Swearing by False objects, to which an Oath ought not to be addressed. Not only is God Himself fre­quently brought in Swearing, in the Scripture; And Holy men, both in the times of the Law, and of the Gospel, doing it after the most So­lemn manner; but God Himself hath appointed an Oath, to be the last remedy against endless quarrels; and to put a final issue to Controver­sies between men, Exod. 22.11. Then shall an Oath of the Lord be between them both, &c. Yea, Swearing by Gods Name, is used for a distinguish­ing note between the True and False Religion, Jer. 4.2. Thou shalt Swear, the Lord Liveth, &c. Zeph. 1.5. That Swear by the Lord, and that Swear by Malcham. And there are those Calls in the Providence of God wherein, if a man witholds his Oath, he will both dishonour God, and injure his Neighbour, and when it is so, this Fear will put him upon doing the thing.

2. Positively, And here are divers things wherein this Fear will exert it self;

First, He dares not to drive a trade of Common Swearing. There are some that can hardly speak without an Oath; they account it the best Rhe­torick [Page 17] they can grace their language withal; or to be sure, upon every slight provocation which is offered them, and particularly, if o­thers do but so much as make a question about the truth of what they say, it will put them into a great passion, and they will vent it with Oath upon Oath: But so doth not this man, be­cause of the fear of God. This sort of Swearing is therefore in the Word of God branded as a note of an Ungodly man, and is observed to be one of the sins which do evidence a despe­rate Apostasy, when it is commonly practised, Hos. 4 2. By Swearing, &c. They break out: And this is observed by Christ to come from the Devil, Mat. 5.37. Whatsoever is more, co­meth of evil, or of the evil one; as the word seems to intend. So that the habit of this argues that such a man hath not the fear of God in him.

2. He dares not to Swear at all, unless he ap­prehends that he hath a clear call for it in the Pro­vidence of God. i e. When the case & the occasi­on call for it, and he is convinced that he shall omit a plain Duty, if he denies it. When Gods Name will be dishonoured, or men will injuriously suffer, either in repute, or estate, or life; or when crying sins will go unpunished for want of his solemn Testimony, for their legal Conviction who are guilty of them. He [Page 18] will not unnecessarily thrust himself upon Swearing, but will wait till either God, or men also do call him to it. On this account Cri­ticks have observed, that in the Old Testa­ment, the Verb used for Swearing, is never ex­pressed in the Active, but always in the Passive voice; it is not to Swear, but to be Sworn; in­timating that the Godly man is ever put up­on it, by lawful authority.

3. He cautiously abstains from all language which borders upon Swearing. There is an Ex­plicit, and there is an Implicit Swearing; there is an Oath in the form of it, and an Oath in the import of it; and that which if it can­not be absolutely so called, yet comes as near it as can be, viz. strong Asseverations to con­firm what is said by, such, as, in faith, in truth, as I live, by the life of Pharaoh, as thy Soul lives, &c. And undue Imprecations on our selves to gain credit by, such as, I wish I may never speak more, if I ly; and many the like. A Godly man dareth not to show himself in this kind of language, because he feareth an Oath, and knows how much of the nature of one there is in it, and how leading it is to introduce a more daring sort of Swearing. He knows that this is more than yea, and nay, which our Saviour limits our ordinary Com­munication unto, and must needs be evil; [Page 19] Mat. 5.37. Let your Communication be, yea, yea, nay, nay, for whatever is more than these, cometh of evil. He distinguisheth between an Asserti­on, and an Asseveration, and is afraid to pro­ceed in this latter, except he have a manifest call to it.

4. He dares not to Swear rashly. One qua­lity of a right Oath, is that it be in Judgment, Jer. 4.2. And this doubtless includes in it the mans using of his deliberate Judgment about it, before he adventures upon it: and this is quite contrary to rashness. Which deliberati­on hath reference to every kind of Oath that a man may be put upon. He avoideth rash­ness in an Assertory Oath; he will first ponder well what he Swears, whether it be certain­ly true, whether it will be any thing to the purpose for which it is desired, whether he certainly knows it by his own personal knowledge to be so, whether it be the whole Truth, &c. In a Promissory Oath; he will not be hasty to bind his Soul, but he will enquire whether it be a thing lawful, whether he hath any just reason or call to do it, whe­ther he shall not bring himself into an un­necessary snare by it, whether it be in his power, whether he doth cordially purpose to perform it, &c. And in a Minatory Oath he will consider, whether it be not a Personal re­venge [Page 20] which he is about thus to oblige him­self to, and thereby is going about to take Gods work out of his hands, who hath said, Rom 12.19. Vengeance is mine, I will repay; and thereupon he shall have cause to be asha­med, and repent of, and revoke his Oath with Repentance, as David did in regard of his, 1 Sam 25. (and indeed their sin and folly is here to be taken notice of, who think if they have Sworn, or solemnly protested to do a thing, or not to do a thing, though it be in itself sinful, they are yet bound to stand by it; as if any obligation, could make [...] Duty to sin and continue in it.) Or whether it be in Gods Cause, and he hath a clear call from God thus to engage himself in it, as an Instrument of Gods Vindictive Ju­stice.

5. He dares not to Swear Equivocally. He knows that God hath required that if he Swear, it be in Truth, Jer. 4.2. And he hath not learned how nicely to distinguish between an equivocation and a ly. He is afraid of Swearing deceitfully; for this is given as one note of a Child of God, Psal. 24.4. Who hath not lift up his Soul to vanity, nor sworn deceitful­ly. He dares not to Swear to one thing, and intend another, by a mental reservation, which is quite contrary. Nor to Swear to a part of [Page 21] the Truth, and hide the other part, which if it were expressed, would change the sense to a contrary, or at least a divers interpretation, and quite alter the case to which he gives in his Testimony; knowing that the design of an Oath is to advance Righteousness, Jer. 4 2. And not to cover iniquity. He dreads the invoking of the God of Truth, to bear wit­ness to a falshood, and he believes that such Oaths as these are no better.

6 He will Swear by no other Name but that of the true God: The name that we invoke in Swearing, is therein practically acknowledged by us to be God, for in it we call him to wit­ness, who both knows the Secrets of our hearts, and can call us to an account, judge and condemn us, and take vengeance upon us, if we bear witness to an untruth; and this can be none but God. To appeal to any other but him in this case, is manifest Idolatry: for we make him our God, whom we Swear by, & if that be not the true God, it must needs be an Idol which we thus worship, which every true Christian is afraid to do, lest he should provoke the God of Heaven to Jea­lousy. Hence we have that threatning, Amos 8 14. They that Swear by the Sin of Samaria, and say, thy God, O Dan, liveth, and the manner of Beersheba liveth, even they shall fall, and never rise up again.

[Page 22]7. He dares not to Swear either in favour of or in prejudice against any person. He hath a respect entirely to the Truth, in the Testimo­ny that he thus giveth in, and is not biassed by any respect unto men. Neither doth the fear of man make him to baulk the truth in one Syllable, nor will he take an advantage to wreck his own malice, by his Testimony, upon those who have given him any apparent provocation. This was Doegs Sin, and there­fore, though for the substance he spake the truth, yet is he on this account charged with a Lying Tongue, Psal. 52. begin. But this, he that fears God, abhors.

8. He ever Swears under the awful apprehen­sion that God is both Witness and Judge. He doth it alway with remembring that he is now in the presence of the Great God, who loveth, the truth, and hateth lying; who knows, and will take Vengeance. He can truly say, at such time as he thus calls upon God in Swearing, as David, Psal. 119.120. My flesh trembleth for fear of thee, and I am afraid of thy Judgments. He thinks of the dreadful flying Roll, and is under the aw of that terrible threatning in regard of it, Zech. 5.4. I will bring it forth, and it shall enter into the house of him that Sweareth falsely by my [Page 23] Name; and it shall remain in the midst of his house, and shall consume it, with the timber there­of, and the stones thereof. And it makes him exceeding cautious. Hence he dares not to Swear to any thing doubtingly, or upon a meer surmize, or strong imagination, but only what his Conscience is clear, and abun­dantly satisfyed in, ever suspecting his eyes, his ears, his memory; till he be fully assured of the Truth.

2. In respect of Others. This fear is not li­mited only to himself personally, but it extends both in Justice and Charity to others also. He is concerned both for the Glory of God, and for the best good of his Neighbours; and therefore, whether they are afraid of an Oath or no, yet he fears for them, and will exercise his fear in this regard, so far as duty calls him to it; and there are those things wherein his Conscience obligeth him to duty on this ac­count. Here therefore,

1. He trembleth at, and will reprove vain and false Swearing in others. There is a Guilt which may be contracted, by a mans holding his peace on this account; Levit. 5 1. If a Soul Sin, and heareth the voice of Swearing, if he do not utter it, he shall bear his iniquity. Gods Name is taken in vain by such things, [Page 24] and this a Godly man cannot bear patiently to hear, Psal. 139.19, 20, 21. He dares not to be a partaker in other mens Sins, and therefore will some way or other appear for God, and bear some manifest witness to his dislike of these things. He will not therefore keep company with common Swear­ers, but studiously avoid them, and, as there is opportunity, wisely and zealously rebuke them.

2. He dares not to sollicit, much less to hire any to Swear in a wrong cause. He doth not think it enough, himself to refrain from taking such an Oath, but is afraid of being any way instrumental of encouraging others so to do. He knows that what others do by his perswasion, if it be a Sin, will involve him in the Guilt of it, and expose him to the righteous Anger of God, which he dreads. If therefore he knows any to offer such a Testimony upon Oath, though there might accrue an outward advantage to himself by it, yet he rejects it with greatest detestation: and if any such false Oath be given within his Cognizance, he will, as far as lyeth in his power, detect it, and testify against it. Much less then will he ask and bribe any thus to do. This was Jezebels Sin, in suborning Knights of the Post, to Swear honest Naboth [Page 25] out of his Life and Living; and God threatens destruction upon her, and all her Family, for it: and he takes instruction by this. He loves his Neighbour too well, for him thus to ruine his Soul for ever; and he loves him­self better, than thus to pull down Gods wrath on his own head.

3. He is afraid of the Judgments of God come­ing upon such a Land where this Swearing abounds. Every Godly man loves and longs for the peace and prosperity of his people; and there­fore, when he teeth any Moral Presages of Gods wrath impending over them, it makes him afraid, and puts him into bitterness of Soul. Now he knows that where sinful Swearing prevails, and it comes to be an E­pidemical distemper among a people, it is a certain Symptom of Judgments ready to break in upon such a Land, because God hath Solemnly threatned them for this Sin. God hath told us, Jer. 23.10. Because of Swear­ing the Land mourneth. And in, Hos 4 2, 3. By Swearing, &c. they break out; therefore shall the Land mourn, and every one that dwells therein shall languish, &c. And this makes him to mourn in Secret places, and bitterly to lament the direful Prognosticks of the desolating Judgments which he seeth in their causes.

[Page 26]4. If he be a person vested with Civil Au­thority, this fear will make him very careful how he Administreth an Oath to others. There are many occasions in the administration of Justice among men, to make use of an Oath: the sins and corruptions that are in men, ren­der it very necessary, and it cannot be always avoided, consistent with Righteousness: men must otherwise lose their right, and not be a­ble to recover the wrongs that have been done to their Persons, Names, Estates, and scandalous Crimes which will not otherwise be legally detected. God hath therefore or­dained Civil Judicatories for this very purpose, and authorized men in Authority to manage these Affairs: but it is certain that a Godly Judge will apply this part of his Authority in fear; and that more especially in these three regards

1. He will not do it, but when there is a just cause requiring of it. Mens corruptions will prompt them to obtrude Oaths without rea­son, and to attempt to multiply them be­yond need, and though two or three are by the Word of God declared sufficient in any one matter, yet they will urge to have a great many more, and reckon themselves in­jured if they may not have their desire in [Page 27] these regards complied withal; but a righte­ous Judge will allow or restrain them in Judgment, Jer. 4.2. For that is as well to be applied to him who admits of the Oath, as him to whom it is given. Men will often offer Oaths that are altogether impertinent, and have no tendency in them to clear and confirm the case, which they are pretended to be brought for: but he will not let them pass promiscuously, but only admit of those that are to the purpose, and will serve to the ends of Civil Justice. To take needless Oaths without weighing of them before hand, is to suffer the Name of God to be taken in Vain, which he dares not to do.

2. He will carefully enquire into the quality or fitness of the Jurants. Some men are not fit to give in an Oath at all, and it may not be convenient for others to do it in some causes, by reason of Prejudice and In­terest: and it belongs to the Judge to con­sider of this and not rashly to admit men to it indifferently, without enquiring into their capacity in those regards. Some per­sons are not of understanding sufficient to know what they do when they Swear; some are lyars upon record; some have fore stalled themselves by notorious prejudices, and special malice; some are parties in the cause: and [Page] [...] cautiously put by, in case they [...] themselves.

[...] will see the Oath it self be such as the person is capable of. There be too many that are very forward and inconsiderate in offer­ing to Swear to such things, as in every wise mans Conscience doth not come within the liberty of an Oath, and they should not Swear in truth and knowledge. A man may Swear to a matter of fact, because he may have a through knowledge of it; but to Swear to the intention the person, viz. that he so said, or so did, meaning thus or so, is more than any man can with any safety take an Oath to. A man may be morally certain of a thing, i. e. his reason may be abundantly satisfied that it is so, and yet he would be guilty of a rash, sinful and un­lawful Oath, if he should Swear to the Truth of it. Men sometimes offer themselves to Swear positively to a thing that it is so, when, upon enquiry, it will be found, that they had it only upon hear say, from this or that honest body that told it them of their own knowledge, and they are very credible. These, and many such like things as these, are incident in Civil Judicatures, and are sometimes urged with much importunity; but he who fears God, and fears an Oath, will be very sedulous in enquiring into such [Page] circumstances, before he will dare to admini­ster an Oath to persons, because of the high respect that he bears to the holy Name of God, which would hereby be exposed to be profaned.