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The Law Unsealed · James Durham

The Law Unsealed, Treatise · Commandment 9

The Ninth Command.

Exodus 20. 16.

Thou ſhalt not bear falſe witneſs against thy Neighbour.

THe Lord having in the fore-going Commands directed us how to walk with others in reference to their honour, life, chaſtity, and eſtate: Now becauſe men and humane Societies are greatly concerned in the obſerving of truth and ingenuity, he cometh in this Command to direct us how to be tender of this, that by us our Neighbour be not wronged in that reſpect, but that on the contrary all means may be uſed to preſerve truth for his good, to prevent what may load his name, and to remove what lyeth on it. The ſcope of it is the preſervation of verity and ingenuity amongſt men, Coloff. 3. 9. L…e to another, Epheſ. 4 25. Speak every man the truth. &c. and verſ. 15. Speak the truth in love: becauſe if otherwayes ſpoken, it is contrary to the ſcope of this Command, which is the prefervation of our Neighbours name from a principle of love: The ſin forbidden here is expreſſed by falſe witneſs bearing, which is eſpecially before Judges, becauſe that is the moſt palpable groſs way of venting an untruth, under which (as in other Commands) all the leſſer are forbidden.

Although there be many forts of ſins in words, whereby we wrong others, yet we think they are not all to be reduced to this Command, for injurious and angry words belong to the ſixth Command, and filthy words to the ſeventh; but we take in here ſuch words as are contrary to truth, and fall eſpecially under lying or wronging of our Neighbours name: Now truth being an equality or conformity of mens words to the thing they ſpeak, as it is indeed, and in it ſelf: And lying being oppoſite thereto, we may conſider it two wayes, 1. In reference to a mans mind, that is, that he ſpeak as he thinketh in his heart, as it is Pſalm 15. 2. This is the firſt rule whereby lying is diſcerned, if our ſpeech be not anſwerable to the inward …onception which it pretendeth to expreſs, and this is that which they call f…r…le … or a formal lye, which is an expreſſing of a thing otherwayes then we think it to be, with a purpoſe to deceive. Then 2. there muſt be a conformity in this co…ption to the thing it ſelf, and ſo men muſt be careful to have their thoughts ofthi…gs ſuitable to the things themſelves, that they may the more ſafely expreſs them, and thus when there is a diſconformity between mens words and the thing they ſeem to expreſs, it is that which they call materiale mendacium, or … material lye, and a breach of this Command that requireth truth in mens words, hoth as to matter and manner.

That we may ſum up this Command (which is broad) into ſome few particulars, …e may conſider it firſt, as it is broken▪ 1. in the heart, 2. in the geſture, 3. in write… 4. in word.

Firſt▪ in heart a man may fail. 1. By ſuſpecting others injuſtly, this is called evil ſur…izing, 1 Tim. 6. 4. or as it is in the original, evil ſuſpition; which is when men are ſuſpected of ſome evil without ground, as Potiphar ſuſpected Joſeph, or it is jealouſy, when this ſuſpition is mixed with fear of prejudice to ſome intereſt we love, ſo Her…d was jealous when Chriſt was born, and the neighbouring Kings when Jeruſ…lem was a building. There is, I grant, a right ſuſpition, ſuch as Solomon had of … and wherein Gedalia… failed, in not crediting Jo…annans information anent Iſ…els conſpiracy againſt his life. 2. By raſh judging and unjuſt concluding concerning a man… ſtate, as Jo…s friends did; or his actions, as Eli did of Hanna…, ſaying▪ that ſhe wa… drunk, becauſe of the moving of her lips: or his end, as the Co…i…t …i…s did of Paul, when he took wages, they ſaid it was covetouſneſs, and when he took not, they ſaid it was w…nt of love, ſee Rom. 14 4. and 2 Corinth. 11. 41 &c. 3. By b…y i…dging, too ſoon paſſing ſentence in our mind from ſome ſeeming evidence of that which is onelyonly in the heart, and not in the outward practiſe, this is h…t to judge before the time, and haſtily, Matth. 7. 1. 4. There is light judging, laying the weight of concluſions upon arguments or midſes that will not bear it, as Johs friends did, and as the Bar…a…ians ſuſpected Paul, when they ſaw the Viper on his hand, to be a … Acts 25 4. Thus the King Abaſuerus truſted Hamans calumny of the Je…s too ſoon. 5. The breach of this Command in the heart may be when ſuſpicion of our neighbours failing is kept up, and means not uſed to be ſatisfied about it, contrary to that Matth. 18. 15. If thy brother offend thee, &c. and when we ſeek not to be ſatisfied, but reſt on preſumptions, when they ſeem probable.

Secondly, in geſture this Command may be broken, by nodding, winking, or ſuch like (and even ſometimes by ſilence) when theſe import in our accuſtomed way ſome tacite ſi…iſtrous inſinuation, eſpecially when either they are purpoſed for that end, or when others are known to miſtake becauſe of them, and we ſuffer them to continue under this miſtake.

Thirdly, by writing this Command may be broken, as E…ra 5. 6. Neb. 6. 5. where calumniating Libels are written, and ſent by their enemies againſt the Jews and Nehemiah; in which reſpect many fail in theſe dayes.

Fourthly, but words are moſt properly the ſeat wherein this ſin is ſubjected, whether they be only or meerly words, or alſo put in writing, becauſe in theſe our conformity or diſconformity to truth doth moſt appear.

2. Lies are commonly divided into three ſorts, according to their ends: 1. There is mendacium pernicioſum, a malitious or pernitious lye when it is hurtful to another, and ſo deſigned, as were the lies of thoſe that bare witneſs againſt Chriſt and of Ziba againſt Mep…ibo…eth. 2. There is efficioſ… mendaci…, or an officious lye, when it is for a good end, ſuch was the Midwives lye, Exod. 1. 9. thus the denying of a thing to be, even when the granting of it would infer hurt and damage to another, is contrary to truth, and we oughtnot to do evil that good may come of it, and it overturneth the end for which ſpeaking was appointed, when we declare a thing otherwayes then we know or think it to be; and as no man can lye for himſelf for his own ſafety, ſo can he not for anothers; thus to lye even for God is a fault, and accounted to be talking deceitfully and wickedly for him, when …o keep off what we account diſhonourable to him, we will aſſert that he may, or may not do ſuch a thing, when yet the contrary is true, Job 13. 4. 7. 3. There is j…coſ…m mendacium, when it is for ſport to make others laugh and be merry, which being ſinful in it ſelf can be no matter of lawful ſport to make others laugh. 4. We may add one more, and that is mendacium temerarium, when men lye and have no end before them, but through inadvertency and cuſtomary looſneſs, ſpeak otherwayes then the thing is, this is called the way o… lying, Pſal. 119. 29. and is certainly ſinful: as when they told David when A…non was killed, that all the Kings ſons were killed, being too haſty in concluding before they had tryed.

3. Conſider lyes or untruths, either in things doctrinal, or in matters of fact: In things doctrinal, ſo falſe Teachers and their followers are guilty, who teach and believe lies, ſo ſuch Teachers are ſaid. 1 Tim. 4. … to ſpeak lyes, and ſo when they foretel vain events, this is a high degree of lend lying on the Lord, to ſay he meaneth or ſayeth another thing then ever he thought, or then ever came into his heart, and to pretend a commiſſion from him when he giveth no ſuch commiſſion. In matters of fact, men are guilty when things are ſaid to be done when they are not done, or otherwayes done then they are done indeed.

4. We may conſider this ſin in mens practiſe, either in reference to God, ſo hypocriſie and unanſwerableneſs to our profeſſion is lying▪ Pſal. …8. 36. and Iſa. …9. 13. or we may conſider it as betwixt man and man, which is more properly the ſcope here: Again, we may conſider the wronging of a man three wayes, 1. By falſe reports, ſpeaking what is indeed untruth; 2. By …ai… reports, which tend to his shame; ſo Deut. 5. 20. this Command is repeated in theſe words, Thou shalt not take up any witneſs (as it is in the original) againſt thy neighbour. 3. When the reports are malicious, whether they be true or falſe, and intended for that end, that our neighbour may loſe his good name. Further, conſider it in reference to the perſon guilty, either as he is 1. the raiſer or carrier of a tale, true or falſe; yet tending to the prejudice of his neighbour; thus he is the maker of a lye: or 2. as he is a hearer or receiver of tales, Prov. 17. 4. Thus he is to lying as a reſetter is to theft, and would not men hear tales, few would carry them, whereas when men will hearken to lyes, eſpecially great men, all their ſervants ordinarily become wicked tale-bearers and whiſperers: or 3. as he is the ſufferer (albeit he be not the venter) of a lying tale to paſs on his neighbour, (ſo he loveth a lye, as it is Revel. 22. 8.) or but faintly purgeth him of it, but letteth it either lye on him, or poſſibly taketh it up and repeateth it again, which is condemned, Pſalm 15. 3. where a man that taketh up an evil report of his neighbour, even when others poſſibly have laid it down, is looked upon as a perſon who shall never dwell with God: Thus one inventeth alye, another venteth and outeth it, and a third reſetteth it, like coyners, ſpreaders and reſetters of falſe money; for, that one ſaid ſuch a thing, will not warrant our repeating of it again.

5. We may conſider wrongs done to our Neighbour by words, as unjuſt and without all ground, and ſo a lye is a calu…ty, as was that of Z…ba, made of his Maſter Mephibosheth, this is in Latin calumnia: or when there is ground, yet when they are ſpoken to his prejudice, this is convitium, if eſpecially in this they ſuffer for the truths ſake; or, if after repentance, former faults be caſt up to a perſon, as if one should have called Paul a blaſphemer, shall even after his converſion and repentance, of this was S…imei guilty by railing on David.

6. Both theſe ſorts of lyes are either ſpoken or received, and not afterward rejected, as David too haſtily received that falſe report made of Mephibosheth by his ſervant Ziba, and thinking it not unlikely, becauſe the reporter made it ſeem to be ſo, did therefore conclude it was truth, and did not reject it afterwards; or when at firſt received, yet after upon better information it is rejected.

7. Again, this wronging of our neighbour by words is either of him when abſent, and this is backbiting, which often is done under pretence of much reſpect (that the report may ſtick the faſter) in ſuch like words as theſe; He is one I wi…h well, and should be loath …o have him evil reported of, but this is too evident, this is the truth, &c. this is ſuſurrare, to whiſper. Or, it is of him when preſent, ſo it is a reproach and indignity, or upbraiding.

8. Again, this backbiting and reproaching is either direct, ſo that men may eaſily know we hate ſuch perſons, or it is indirect, granting ſome what to his commendation, and uſing ſuch prefaces as in shew bear out much love, but are purpoſely deſigned to make the wound given by the tongue the deeper, ſuch perſons are as butter in their words, but as sharp ſwords in their hearts, this is that diſſembling love which David complaineth of.

9. Sometimes this reproaching and ſlandering of our Neighbour is out of ſpleen againſt him, and is malicious; ſometimes out of envy to raiſe and exalt ones ſelf on the ruines of another (this is graſſari in famam proximi) ſometimes it is out of deſign, thereby to inſinuate upon them whom we ſpeak unto, as to ſignifie our freedom unto them, to pleaſe them, or praiſe them, by crying down another, that is to ſerve the itching humour of ſuch who love the praiſe of others, when it may be we know no faults of thoſe we ſpeak to, yet never open our mouth to them of one of theſe, nor are we free with them anent them if the things be true.

10. We may break this Command by ſpeaking truth, 1. For an evil end, as Doeg did Pſal. 52. 2. 2. by telling ſomething that is truth out of revenge. 3 When it is done without diſcretion, ſo it ſhameth more then edifieth. Chriſts word is, Matth. 18. 15. Tell him his fault betwixt thee and him alone: and we on the contrary make it an upcaſt to him, this certainly is not right. 4. When it is minced, and all not told, which if told might alleviate; or conſtrued and wreſted to a wrong end, as did the witneſſes who deponed againſt Chriſt

11. We may break this Command, and fall in the extremity of ſpeaking too much good of, or to, our neighbour, as well as by ſpeaking evil of him, if the good be not true; and here cometh in, 1. exceſſive and raſh praiſing and commending of one, 1. beyond what is due, 2. beyond what we do to others of as much worth, this is reſpect of perſons; 3. beyond what diſcretion alloweth, as when it may be hurtful to awaken envy in others, or pride in them who are thus praiſed: 2. praiſing inordinately, that is before a mans ſelf, or to gain his affection, and that poſſibly more then when he is abſent and heareth not; much more is it to be blamed when ſpoken groundleſly, this is flattery, a moſt baſe evil, which is exceedingly hurtful and prejudicial to human Societies, yet exceeding delightful to the flattered: 3. we fail in this extremity, when our neighbour is juſtified or defended, or excuſed by us in more or leſs when it ſhould not be.

12. Under this ſin forbidden in the Command, cometh in all beguiling ſpeeches, whether it be by equivocation, when the thing is doubtfully and ambiguouſly expreſſed; or by mental reſervation, a trick whereby the groſſeſt lyes may be juſtified, and which is plainly averſive of all truth in ſpeaking, when the ſentence is but half expreſſed; as ſuppoſe one ſhould ask a Romiſh Prieſt, Art thou a Prieſt? and he ſhould anſwer, I am no Prieſt; reſerving this in his mind, I am no Prieſt of Baal: for by giving or expreſſing the anſwer ſo, an untruth and cheat is left upon the asker, and the anſwer ſo conceived doth not quadrat with the queſtion as it ought to do, if a man would evite lying.

13 This falſhood may be conſidered with reference to things we ſpeak of, as in buying or ſelling, when we call a thing better or worſe then it is indeed, or then we think it to be; ah! how much lying is there every day this way with many.

14 Under this ſin forbidden in this Command are comprehended, 1. railing, 2. whiſpering, 3. tale-bearing (ſpoken of before,) 4. the tatling of buſie bodies, that know not how to inſinuate themſelves with others, or paſs time with them but by telling ſome ill tale of another; 5. praevarication, which is the ſin of perſons who are unconſtant, whoſe words goe not all a like, ſaying and unſaying; ſaying now this way, and then another way, of the ſame thing, their words claſhing together, and they not conſiſting with themſelves.

15. Conſider falſhood or falſe-witneſs bearing, as it inferreth breach of promiſe, which is forbidden, Pſal. 15. 4. when on performeth not what he promiſeth, or promiſeth that which he intendeth not to perform, which is deceit and falſhood.

16. As we may ſin in ſpeaking againſt others ſo we may in reſpect of our ſelves many wayes: 1. When we give occaſion to others to ſpeak evil of us, 1. Cor. 6. 1 Cor. 6. 3. 2. When we are not careful to entertain and maintain a good-name, and by ſuitable wayes to wipe away what may m…t the ſame: It is generally obſerved, that while men have a good name, they are deſirous and careful to keep it, and when they have loſt it, they grow careleſs of it; we ought not to be prodigal of our names more then of our lives or eſtates, for the loſs of them incapacitateth us much to edifie others. 3. When we vainly boaſt of our ſelves, and ſet forth our own praiſe, that is, as if a man ſhould eat too much honey, Prov. 25, 27. 4. When we will not confeſs a fault, but either deny, excuſe, or extenuate it; this Joſhua exhorteth Achan to eſchew. 5. When we ſay that things are worſe with us then indeed they are, and deny, it may be even in reference to our ſpiritual condition, ſomewhat of Gods goodneſs to us, and ſo lye againſt the Holy Ghoſt. 6. When we are too ready to entertain good reports of our ſelves, and to be flattered, there is (if to any thing) an open door to this in us; and as the Heathen Seneca ſaid, Blanditi… cum excludu…t…r placent, ſo may it be ordinarily ſeen that men will ſeemingly reject what they delight ſhould be inſiſted in; there is in us ſo much ſelf-love, that we think ſome way▪ that men in commending us, do what is their duty, therefore we often think them good folk becauſe they do ſo, and men that do not commend us we reſpect them not, o… but little or at leaſt leſs then we do others; becauſe we think they are behind in a duty by not doing ſo, and which is very ſad, and much to be lamented, few things do lead us to love or hate, commend or diſcommend (and that as we think not without ground) more then this, that men do love and commend, or not love and commend us.

17. We alſo may by with▪holding a teſtimony to the truth, & by not clearing of another when it is in our power to do it, be guilty of this ſin.

But eſpecially is forbidden here publick lying and wronging of another …udicially, either in his perſon, name, or eſtate, and that▪ 1. By the Judge, when he paſſeth ſentence, either raſhly, before he heareth the matter…, and ſearcheth it out, which Job diſclaimeth, aſſerting the contrary of himſelf, J… 19. 16. or ignorantly, or perverſly for corrupt ends, as being bribed to it, or otherwayes. 2. By the Recorder, writing grievous things, Iſa. 10. 1. or making a clauſe in a decree, ſentence, or write▪ more favourable to one, and more prejudicial to another then was intended: 2. By the Witneſſ…s▪ who either conceal truth, or expreſs it ambiguouſly, or refuſe to teſtifie, or aſſert what is not true. 4. By the Advocat, by undertaking to defend or purſue what righteouſly he cannot; or by hideing from his Clyent that which he knoweth will prejudge his cauſe; or by denying it when he is asked about it; or by not bringing the beſt defences he hath. And as to the firſt point here about Advocates, it is to be regrated (as a great Divine in the Neighbour-Church hath moſt pathetically, according to his manner, lately done) as a ſad matter, that any known unrighteous C…e ſhould have a profeſſed Chriſtian in the face of a Chriſtian Judicatory, to defend it; but incomparably more ſad, that almoſt ever… unjuſt Cauſe ſhould find a Patron: and that, no con…en…ous malicious perſon ſhould be more r…dy to do wrong, then ſome Lawyers to defend him for a (dear bought) ſee! I ſpeak not here of innocent miſtakes in caſes of great difficulty▪ nor yet of excuſing a cauſe bad in the main from unjuſt … b…t (… that great man) when money willhire m… to plead for injuſtice, and …o uſe the … to … the righteous, a…d …o ſpo…l his Cauſe▪ …and vex him with delayes for the advantage of their unrighteous Clyents, I would not have the conſcience of ſuch for all their gains, not their account to make for all the World: God is the great Patron of innocence, and the pleader of every righteous Cauſe: and he that will be ſo bold as to plead againſt him, had need of a large fee to ſave him harmleſs. 5. By the Accuſer or Purſuer, when unjuſtly he ſeeketh what doth not belong unto him, or chargeth another with what he should not, or juſtly cannot. 6. By the Defender, when he denyeth what he knoweth, or minceth it, &c. And by all of them, when buſineſs is delayed and protracted through their reſpective acceſſion to it, as well as when juſtice is more manifeſtly wronged; this is the end of Je…ros advice to Moſes, Exod. 18. 23. that the people may return home, being quickly, and with all convenient diligence diſpatched; which, to their great loſs and prejudice many wayes, the unneceſſary lengthening of Proceſſes obſtructeth, and maketh Law and Lawyers, appointed for the eaſe and relief of the people, to be a grievous and …exatious burthen to them; for which men in theſe ſtations and capacities will have much to anſwer to God, the righteous Judge of all the Earth, when they shall be arraigned before his terrible Tribunal, where there will be no need of leading witneſſes to prove the guilt, ſince every mans conſcience will be in place of a thouſand witneſſes, neither will the nimbleſt wit, the eloquenteſt tongue, the fineſt and ſmootheſt pen of the moſt able Lawyer, Judge, Advocate, Notary or Litigant that shall be found guilty there, be able to fetch himſelf fair off. O▪ then all the fig-leaves of their faireſt and moſt flourishing, but really frivolous pretences, wherewith they palliate themſelves, will be inſtantly blown away by the breath of that Judges mouth, and ſo be utterly unable to cover the shame of their nakedneſs in the manifold breaches of this Command; then the greateſt ſtretches of Wit, and higheſt ſtrains of Eloquence made uſe of to the prejudice of truth and juſtice, will be found and pronounced to be poor, filly, and childish wiles, yea, very fooleries and bablings; after which, they will not ſpeak again, but laying their hands on their mouths, eternally keep ſilence; It will therefore be the wiſdom and advantage of the guilty in time to take with it, and reſolving to do ſo no more, to betake themſelves, for the pardon of it, to that Advocate with the Father, even Jeſus the Righteous, who throughly pleadeth, and without all peradventure or poſſibility of looſing it, doth alwayes carry the Cauſe he undertaketh to plead.

In ſum, that which in this Command in its poſitive part is levelled at as the ſcope thereof, is the preſerving and promoting of truth, honeſt ſimplicity and ingenuity amongſt men; a ſincerely and cordially loving regard to the repute and good name of one another; and a ſweet inward contentation, joyful ſatisfaction and complacency of heart therein; with a ſuitable love to, and care for our own good name.