The law unsealed: or, A practical exposition of the Ten Commandments With a resolution of several momentous questions and cases of conscience. By the learned, laborious, faithful servant of Jesus Christ, Mr. James Durham, late minister of the Gospel at Glasgow.

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 in∣genuity, 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 other∣wayes spoken, it is contrary to the scope of this Command, which is the preferva¦tion

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 Com∣mands) 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 be∣ing 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 in∣ward ••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 con∣formity 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 jea∣lousy, 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 evi∣dence of that which is onely 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, whe∣ther 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 an∣other, 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 dam∣age 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 other∣wayes then the thing is, this is called the way o•• lying, Psal. 119. 29. and is certain∣ly 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 with∣out 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 reject∣ed, 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 re∣ceived, 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 commenda∣tion, and using such prefaces as in shew bear out much love, but are purposely design∣ed 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 a∣gainst 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 com∣mending 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 ex∣pressed; 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 as∣ker, 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 pro∣mise, which is forbidden, Psal. 15. 4. when on performeth not what he promis∣eth, 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 ob∣served, 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 prodi∣gal of our names more then of our lives or estates, for the loss of them incapacitat∣eth 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 Hea∣then 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 pass∣eth 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, sen∣tence, 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 mat∣ter, 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 al∣most 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 quick∣ly, and with all convenient diligence dispatched; which, to their great loss and preju∣dice 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 ar∣raigned 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 wit∣nesses, 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 resol∣ving 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.