An exposition of the morall lavv, or Ten Commandements of almightie God set dovvne by vvay of exercitations, wherein is contained an explanation of diverse questions and positions for the right understanding thereof, together with an explication of these scriptures which depend upon, or belong unto every one of the commandements, all which are cleared out of the originall languages, the customes of the Iewes, and the distinctions of the schoolemen / by Iohn Weemse ...

EXERCITAT. II. Against false witnesses. Commandement IX.

Deut. 19.18. If the witnesse be a false witnesse that te∣stifies falsely against his brother, then shall he doe unto him as he thought to have done to his brother.

A false witnesse is the second person,* 1.1 who corrup∣teth the judgement, and maketh the Iudge to pro∣nounce a false sentence. First, let us consider the ne∣cessity of these witnesses; Secondly, what witnesses; Thirdly, how many witnesses the Lord would have for the tryall of a cause; and fourthly, when they should speake and testifie.

First, for the necessity of these witnesses: If God sate in every judicatorie as hee sate in the first iudicatory, when hee iudged Adam and Eva, then there needed no witnesses, for all things are naked before him, but be¦cause God hath withdrawne himself, and hath substitute Iudges in his place who know not all things; therefore hee hath appointed witnesses to give evidence to the Iudges.

Secondly,* 1.2 what sort of men those witnesses should be; they should be first, men of knowledge; and second∣ly faithfull witnesses; and thirdly, they should agree in their testimonies. First, for their knowledge; they must heare and see. 1. Ioh. 1.3. That which wee have seene and heard, declare we unto you. Witnesses can have no knowledge but by hearing and seeing; but Christ shall not iudge after the sight of his eyes, neither re∣prove

prove after the hearing of his eares. Esay. 11.3. and Sa∣lomon saith, that A false witnesse shall perish, but he that heareth, speaketh constantly. Prov. 21.28. In the Talmud the tryall of the witnesses is set downe, how they tryed them by seaven demands: First, qua septimana Iubilaei factum est; in what weeke of the Iubile did this fall out? Secondly, qua hebdomade annali, in what weeke of the yeare? Thirdly, quali septem inter singulos Iubilaeos inter∣fluente, that is, in which of the Sevenths in the Iubile did this fall out? Fourthly, quo die mensis, what day of the moneth? Fiftly, what day of the weeke? Sixtly, at what houre? and Seventhly, in what place did such a thing fall out.

Secondly, the witnesses should bee faithfull. Revel. 3.14. These things saith the Amen, the faithfull and true witnesse. Prov. 14.5. A faithfull witnesse will not flie; If he bee a true witnesse indeed,* 1.3 or reputed to bee a true witnesse, he may be admitted. Esay. 8.2. Vrijah is called a faithfull witnesse, who was in effect an idolater; yet because he was reputed to be a faithfull man among the people; therefore he is called a faithfull witnesse. The nearer that men approach to the Lord, their greater care should be to speak the truth. Rom. 9.1. I say the truth in Christ, I lie not. So it is the greatest sinne to lie to the Holy Ghost. Act. 4.3. It is a greater sinne for a Prea∣cher to be a false witnesse, then for another witnesse in a civill court; because he draweth neare to God. 1. Cor. 15.14. If Christ be not risen, then is our preaching in vaine, and wee are found false witnesses of God. So to wrest the word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 2. Pet. 3.16. It is a speech borrowed from those, who put a man upon the rack, and make him speake that which hee never thought. So unstable soules when they wrest the Scriptures to draw out a sense out of them which they never meant. It is a grea∣ter sinne to witnesse a falshood in iudgement, then out

of judgement, because they draw nearer to the Lord, such were those false witnesses, who testified against Christ, and wrested his words. Christ said not, destruam, as they alleaged; neither, Dei templum; neither, possum illud redintegrare, but onely this, Destroy this temple, and in three dayes it shall be built up againe. Ioh. 2. So that one word being changed, the sense may be perverted, Prov. 17.9. Hee that repeateth a matter, separateth friends; that is, hee that repeateth a matter changing somthing in it, or not keeping the words, interpret them maliciously, these were not admitted to be witnesses; some propter culpam, as the infamous: secondly, for defect of judgement, as fooles and children: thirdly, propter af∣fectum, as friends and enemies: fourthly, for their con∣dition, and estate, as the poore and servants: fiftly, for their sexe, as women: sixtly, for their calling, as usurers and publicans: and the Iewes added seventhly dove-sel∣lers, as infamous, because they taught doves miphriche jonin, they taught the doves to flie,* 1.4 and to carry their messages, which was a divination which they used when Satan was the carrier, therefore they hated dove-sellers, and admitted them not as winesses.

Thirdly, witnesses must not onely be men of know∣ledge and faithfull, but they must agree in witnessing, and jumpe together in their testimonies; otherwise their testimonies do not prove: they should be non solum testes, sed contestes, and these three agree in one, 1. Ioh. 5.7. Marke saith, that the testimonies of those who testi∣fied against Christ were not 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, they agreed not together, and thus much for the conditions required in the witnesses.

Now followeth the third thing to be considered in the witnesses, and it is the number:* 1.5 At the mouth of two witnesses, or at the mouth of three witnesses shall the mat∣ter be established, Deut. 19.16. In the great point of our

salvation the Lord useth three witnesses in heaven, and three in earth to confirme our redemption: the three in heaven, are, The Father, the Word, and the holy Ghost, 1. Ioh. 5.7. And so the three in earth are, The Spirit, the Water, and the Blood, and these three agree in one. So in the censures and admonitions of the Church, there must be two or three witnesses. 2, Cor. 13.1. This is the third time I am coming to you. In the mouth of two or three witnesses shall every word be established.

In civill judicatories some make this exception, one witnesse may suffice, if the matter questioned be to no mans hurt. A man is called in question whether hee be baptized or not: or whether hee bee married or not: one honest witnesse may serve to prove this, because it tend∣eth to no mans hurt.

[Quest.] Whether may the accuser be a witnesse or not?

[Answ.] God in judgement, is both the Iudge, the Accuser, and the witnesse. Secondly, when hee appointed these judicatories, the witnesses were both accusers and wit∣nesses, Deut. 17.6. and Dan. 13. but afterward the Iudge, the accuser, and the witnesses were all distinguished; when it is said, Ioh. 8.10. Woman, where are those trine accusers? the witnesses should have accused the woman, but they being convict in their owne conscience, went out one by one.

* 1.6Lastly, the witnesses are bound to testifie when they are required by the Iudge, and if the matter require they are bound to testifie, albeit the Iudge aske them not: therefore guana, respondere, with the Hebrewe, sig∣nifieth as well to answer to the matter, as to the Iudge, and so Christ is said to answer when no man asked him: So 1. Sam. 11.17. To answer is to answer according to ones desire, Eccles. 10.19. Money answereth to all things, That is, to every mans desire: to answer then is to speake when time and cause requireth. When a cause

requireth, a witnesse is bound to answer to deliver the innocent, Prov. 24.11. and A true witnesse delivereth soules, Prov. 14.25. They knew mee from the beginning, if they would testifie, Act. 26.5.

Because the chiefe part of judgement dependeth upon the witnesses,* 1.7 therefore under the law the witnes∣ses did sundry things in the execution of the guilty. First they layd their hands upon him, to signifie that they devolved all the guilt upon his owne head, and that hee did die for his owne fault, hence is that phrase, His mischiefe shall returne upon his owne head. Psal. 7.16. therefore a mans condemnation is expressed by laying on hands upon his head, Heb. 10.29. Of how much sorer punishment suppose ye shall he be thought worthy: in the Sy∣riacke it is expressed by laying on the hands upon the head; hee alludeth to the custome under the law, where the witnesses laid their hands upon the head of him who was to be stoned, Levit. 24.15. and the Greekes say 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and the Latines say, Quod illorum capiti sit.

The second thing which the witnesses did under the law, they stoned the guilty man; and before they stoned him, they laid aside their upper garments, that they might be the more fit to throw stones at him, Act. 7.58. They cast him out of the city and stoned him, and the wit∣nesses laid downe their cloathes at a young mans feet, whose name was Saul, and after the witnesses threw stones at him. Lastly the people stoned him, to signifie that the guiltinesse of that person might not defile the land: and also for their detestation of the crime.

Ministers have a speciall priviledge in judgement, 1. Tim. 5.19. Against an Elder receive not an accusation, but before two or three witnesses; that is, they must be testes assistentes, before any accusation be intended against them: against another, an accusation may be intended,

if the accuser will binde himselfe to follow the accu∣sation of him whom he accused: but a minister hath a greater priviledge, that it must be knowne before hand, whether there be two or three witnesses, to prove this accusation against him, before ever his name be called in question. The reason why the Lord would have them ready to testifie,* 1.8 was this; the Lord hath a great care and respect to his Gospell, and hath put this treasure in earthly vessels; first, hee will have no man to touch them, or do them any harme, Psalm. 105.15. Second∣ly, hee will have maintenance given to them, that they may be incouraged in the law of the Lord, 2. Chron. 21.4. Thirdly, hee hath a great care of their credit and good name, for if the accusation were not followed presently, then the Elder all this time lay under the slander, and the accuser was, the conquerer; David speaking of God, Psalm. 51.4. saith, That thou maist be justified when thou speakest,* 1.9 and be cleare when thou judgest, that is, when thou art judged and called in questi∣on by men, but Paul citing the place, Rom. 3.4. That thou maist overcome when thou art judged; why doth hee put overcome, for pure or cleare? because none over∣cometh in judgement but hee that is pure or cleare, now all the while that the Elder lyeth under the slander hee is judged impure, and the accuser over∣cometh. But when the matter is put to a tryall, the El∣der is found cleare and pure, and overcometh, and the accuser is overcome and blotted. Here wee see the necessity of present witnesses, that the Elders good name lie not under such a blot, and that hee make not the Gospell to be evill spoken of, as the sonnes of Eli did; who made the sacrifices to be abhorred.

And there is great necessity why the Lord should have such a care of the minister, for it hath beene still the policy of the devill to blot their good name. See

it in the example of Narcissus bishop of Ierusalem, and Athanasius, and sundry others.

The consectaries that follow upon this, are first, that [Consect. 1] preachers should preserve their good name as the apple of their eye.

Secondly, that Magistrates should be more unwilling [Consect. 2] to call them in question then others.

Thirdly, that God will not exempt his Elders from [Consect. 3] tryall, as the Pope would his Clergie.

The conclusion of this is,* 1.10 all evidence dependeth upon the witnesses in judgement, therefore the wit∣nesses should be most carefull to testifie the truth; they stand before the Lord, Deut. 19.17.* 1.11 Testes sistent se coram Iehovah, if they testifie an untruth, they lie in the presence of God; so they testifie against the innocent parties, and they are the cause of their death; such were the false witnesses who testified against Naboth, 1. King. 21.13. and Doeg against David and Ahimelech the Priest. 1. Sam. 22.9. and such was Ziba against Me∣phiboseth, 2. Sam. 16.3. and Vriah against Ieremie, Ierem. 27.17. the witnesses against Christ, Matt. 26.61. and they who witnessed against Steven, Act. 6.13.

Notes

• * 1.1

  A false witnesse is next to the Iudge who doth corrupt judgement.
• * 1.2

  What manner of wit∣nes should be admitted.
• * 1.3

  Multa dicuntur in Scrip∣turis juxta opinionem e∣stimantium illo tempore. Ioh. 8.28. non intro∣ierunt in pratorium nò ipsi contaminarentur, id est, ut ipsi existmabant. S•••• Ier. 28.1. Hananiah dicitur propheta, cum tamen Pseudopropheta.
• * 1.4

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉
• * 1.5

  The number of witnes∣ses required in Iudge•• mentm••••n••.
• * 1.6

  What time the witnes∣ses are to beare witnesse. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉
• * 1.7

  The witnesses were to do sundry things against the guilty.
• * 1.8

  Why the Lord would have present witnesses, when the Ministers or Elders are accused.
• * 1.9

  A difference betwixt these, to overcome in judgement, and to be cleare.
• * 1.10

  Conclusion.
• * 1.11

  The witnesses stand in the Lords presence.