for the violation of his faith Now this kinde of oath obligeth the party swearing if he cannot make all good to make good all he can and if great damage happen unto the other through non-performance of his oath to apply a remâ—dy to it at the least in part by some other benefit as opportunity may enable him especially if the obstacle hapned by his negligence want of prudence or other fault committed And so much for the first doubt SECT VI. THe second about an oath of a necessary thing followes By a necessary thing I understand that which lyeth upon us in respect of our duty by vertue of divine precept and even without an oath in such manner as if we do not though without an oath perform the same in due time and place we become guilty of sin such are to feed our needy parents to pay our debts and the like Whereunto belong those oathes required from the subject of allegiance to the King and of acknowledgement and defence of his royall supremacy which are taken in conceived words by such as are admitted unto the Magistracy or any publick office to the end they may faithfully performe the duty of the same Of the obligation of this kinde of oath there can be no controverâ—ie for unto those things whereunto we are bound even without an oath certainly we are much more obliged by an oath to wit the new obligation of an oath being added unto that before by a precept Wherefore we will stay no longer upon this doubt SECT VII THe third doubt is concerning an oath of an unlawfull thing I call that an unlawfull thing which cannot be done without sin forasmuch as it is contrary unto some divine precept all sin being averse unto the Law of God Now this kinde of oath is so unlawfull that not only the party swearing but he also by whose authority counsell or other means a man is compelled or inveigled so to swear committeth sin But of the party compelling I shall perhaps speak hereafter in the mean time the party so swearing committeth sin whether he intend to do as he sweareth or intend it not If he intend to do it he sinneth in willing an unlawfull thing and so sweareth not in justice if he intend it not he sinneth in lying and so sweareth not in truth But whether he intend it or not it is certain that he is in no wise obliged It cometh indeed very often to passe so contemptuous are men of the Majesty of God that through â—impatience of revenge fear of danger hope of profit importunity of friends a kinde of awe or complacence or some other occasion many are induced whilest they indulge too much unto their own affections to promise in the presence of God the performance of such things as they either at the present know certainly to be unlawfull or at least afterwards when they are free from their depraved affections easily perceive impossible without sin to be accomplished and yet such is the perversenesse of humane judgement bewitched with the tricks and delusions of that skilfull artificer in this art the Devill that you shall see many whom you cannot by any duty of conscience compell unto a good action neverthelesse so violently carryed by the religion of an oath unto wicked actions that what they have unlawfully sworn they think themselves through a most pernicious errour obliged by the bond of their oath irresistibly to accomplish But it hath been shewn before in our fifth Hypothesis and confirmed by manifest reasons that of an unlawfull thing as unlawfull there can be no obligation and that evill can receive no validity from an oath SECT VIII WHich that it may be the better understood and applyed unto the particular cases seeing that all unlawfull things are not of the same kinde and degree I think that it will be fit that I speak somewhat more distinctly of this matter Whatsoever therefore is unlawfull is unlawfull either ex se or ex accidente again that which is unlawfull ex se is so either primarily or secondarily things unlawfull ex se primarid and in the highest degree are such as are forbidden by God unto all mankinde whatsoever is against the sacred Law of God comprehended in the two Tables of the Decalogue whatsoever is repugnant either to our piety in the worship of God or brotherly charity in the works of justice and mercy is after this manner unlawfull And concerning a thing in this first manner unlawfull is the first Case As if a man should swear that he would sacrifice unto I dols or adore the image of the blessed Virgin which are sins of Commission or if he should swear never to be present at divine ordinances or hear holy Sermons or participate of the Lords Supper or sanctifie the Lords Day which are sins of omission against the precepts of the first Table Or if a man should swear to kill his father or cast his new born child out of doors or meet an adulteresse at an appointed place and hour to accompany others in theft robbery fraud or any the like crimes which are sins of commission Or if he should swear not to relieve his aged and needy father to give almes unto the poor not to pay his debts c. which are sins of omission against the precepts of the second Table In these and such like things simply and universally unlawfull the forementioned Hypothesis by the consent of all is likewise simply and universally of force and vigour to wit that there can be no obligation in such a vow promise oath either in its self or otherwise acquired Pacta quae turpem causam continent non sunt observanda say the Lawyers Nay though it were a grievous sin to vow swear bargain or otherwise to promise a thing generally unlawfull yet is the sin in performing the promise much greater which whosoever doth maketh himself guilty of a double crime one of the same kinde with the fact considered in its self put the case it be theft or murder another of violated religion through irreverence and abuse of the divine Name forasmuch as an evill thing is established as far as lyeth in his power by his authority SECT IX THe second Case is of a thing unlawfull ex se secundarid that is not in its own nature unlawfull to all but to some only according to the condition of their persons as they are members of some community or according to their particular vocation For it is unlawful and that ex se not ex accidente only for such as are members of any Politique body to doe any thing repugnant to the Laws of their Community which nevertheless as forbidden by God is not primarily immediately and in specie unlawfull but secondarily mediately and in genere by vertue of the general Divine Mandate which enjoyneâ—h obedience unto rules in all lawfull and honest things It is also in the same degree very near and upon the same gâ—ound unlawfull for such
who confound me if I do it not that I will do this or that But ordinarily either this or that part is omitted and oathes are more succinctly given as by those examples in holy Scripture where God is introduced swearing after the manner of men is sufficiently manifest There you may finde God swearing sometime by a simple attestation without any execration as in these As I live saith the Lord I have worn by my self by my holinesse c. sometimes without any attestation by an execration only but that too for the honour and reverence of so great a Majesty and after the manner of men almost suppressing by an Aposiopesis words of ill omen elliptically and diminutely uttered as in that of the Psalme I sware in my wrath if they enter into my rest This in the mean time seemeth certain that every promissory oath under what forme soever conceived brief or large so it be an oath and no mere Asseveration or Obtestation virtually containeth both that is to say Attestation and Execration For in an oath both Execration supposeth Attestation as athing before it in nature and Attestation interreth Execration as its necessary consequent That of Plutarch is â—â—thy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Every Oath concudeth with a curse of perjurie And thus much for the nature of a Promissory Oath SECT XI IT remains that in the last place I adde something of the nature and force of Obligation Of obligation Lawyers say much and with prolixity enough they define it to be a Bond of Law whereby a man is bound to pay that which he oweth Which definition will be no leste fit to explain those things which are internall and appertain unto the Court of Conscience then those which are externall and appertain to the Court of Judicature whether in Church or in Common-wealth if the terme of Law be not restrained to that which is humane and positive only but so extended as it take in also universal Law divine and naturall Now since every obligatory Bond as may be gathered from the definition derives it self from some Law as the Law is twofold the one part divine and naturall the other civill and humane so the bond or obligation arising from thence is also twofold to wit the naturall Bond which obligeth naturally and in foro externo by the vertue of divine Law and the civill Bond which obligeth civilly and in foro externo by vertue of humane Law Some call that the obligation of equity this the obligation of justice whether properly or improperly I dispute not for where we agree in the thing to what purpose were it to contend about the terms But whereas they adde a third kind of Obligation compounded of the former two that certainly is not very convenient or at the least not necessary For if a man be bound to the performance of the same duty as for example to feed his aged parents both by naturall Law and Civill this would be no new species of obligation mixed of the other two but rather two obligations conjoyned both in the subject and object in the subject for as much as they binde the same person and in the object forasmuch as they binde unto the same duty and yet naturally and originally distinct The reason is manifest for thiâ—gs cannot by their mixture produce a new species without some reall immutation of themselves Whence Aristotle defines Mistion Misoibilium alteratorum unionem For in all mistion there must be alteration and every alteration is a reall mutation as appears in the generation of mixed bodies out of the four elements not entire but broken and altered But where a new obligation is added unto a former one as in this case the civill to the naturall no reall mutation is made of either But the former obligation remains in the same state it was in before the accession of the new and latter But I will not stay upon these subtleties In the matter of oathes we consider the Morâ—ll or Naturall obligation only or at the least especially the other the Civiâ—l we leave to Lawyers SECT XII BEsides that distinction of obligation which ariseth from its Originall in relation unto the Law whence it deriveth there is yet another taken from the Object in relation unto the Debt to be paid at which obligation aimeth and whereunto it is carryed Now debts are twofold Debitum officii according unto which every man is bound by the precept of the Law to act and Debitum supplicii according to which every man is bound by the decree of the Law to suffer if he neglect his duty In the former sense we say that the mutuall exercise of Charity is a debt because the Law of God enjoynes it according to that Rom. 13. 8. Owe no man any thing but to lov one another In the latter sense we say that sins are debts as in the Lords Prayer Forgive us our debts and that externall death is a debt according to that Rom. 6. 23. The wages of sin is death Neverthelesse it 's to be observed that the latter debt is contracted by non-payment of the former So that if a man fully disingage his debitum officiâ—â— by obeying what the Law commandeth he remaineth not bound debito supplicâ—i to suffer that which the Law denounceth To this twofold debt anâ—wereth a twofold obligation of the very same denomination to wit obligation ad officium to the performance of duty and obligation ad supplicium to the sufferance of punishment or according to the usuall terms which comes all to one obligation to guilt and obligation to punishment But so as the former be in the intention of the Law as it is in its own nature chief and preferred before the latter for it is the part of a Tyrant not of the Law otherwise to inflict punishment then in relation to guilâ— and that speech of the Apostle is true even in this sense though perhaps more rightly to be understood in another The Law is not made for a righteous man The Law therefore intendeth primarily directly perse and simply to oblige unto duty and obedience But unto chastisement and punishment it obligeth only secondarily indirectly consequently and ex hypothesi that is to say supposing the neglect or contempt of duâ—y The Apoâ—tle seemeth to have joyned both these obligations together in Rom. 13. where he spâ—aks of the subjection due unto the Soveraign power Yâ—â— must needs saith he be subject not only for wrath but also for conscrence sake from which words I gather three things of concernment to my present intention The first is that we may be bound by a double bond to the performance of one and the same thing by the bond of duty and the bond of punishment for this is implyed in the words of conscience and wrath The second that the conscience of duty ought with all good men to be valued and preferred before the fear of punishment The third that the obligation of conscience ariseth
amongst us the oaths of Homage of Royall Supremacy and the like No man denyeth these oaths either to be lawfull or obligatory but in respect of the frequent incertainty of the Laws whereunto they relate it may very well be doubted how far they oblige Doubtlesse the Subject to his power is obliged to defend all rights which appear either by law or custome Legitimate whether defined by the written Law or in force through long use of time or prescription â—â—at is so far as they are known or may morally be known But he is not equally obliged unto the observation of all those which are controverted or doubtfull especially since powerfull men are accustomed to stretch their Teathers and leap over the Landmarks of their neighbours not contenting themselves within the bounds of their own right Neverthelesse a subject ought to be always prepared in minde so soon as the justnesse of those things which are doubtfull shall appear to acknowledge and defend them SECT XVIII THe last case is where an oath is required of member of any Community as of a City University or Colledge Society of Merchants or Handicrafts men to observe the Statutes Customes and Liberties of that Corporation If you ask what the obligation is I answer first that the party sworn is obliged simply unto the observation as far as in him lyeth of all fundamentall Statutes By fundamentall I understand such as most necessarily and nearly concern the preservation of the publique estate order and honour of the whole body or Community But Secondly not that alwayes and necessarily to the rigour of the lettâ—r but as they are put in practise and received by custome and as they are with approbation observed by others Thirdly concerning the lesser Statutes appeartaining only unto externall form and decency which by the condition of the matter or form of the Sanction or any other probable conjecture a discreet man may judge not to have been framed with intention of rigid obligation he is obliged to observe thâ—m ordinarily yet so as wiâ—hout scruple of conscience he may sometimes having just cause for it pretermit that which is prescribed to be done by some Statute provided it be without scandall or contempt Fourthly the obligation is extended unto Statutes to be made for the futuâ—e provided they be possible just and honest Fifthly if any Statute after the oath takâ—n be abrogatâ—d or grown out of use the obligation of the oaâ—h as to the Statute ceaseth and he is not bound any longer to observe it unlesse he have sworn in expresse words unto the matter it self decreed by that Statute For in that case though the Statute be taken away the obligation remaineth Sixthly seeing Statutes of Corporations be very many and many of them unknown to many and that it is most difficult nay scarce possible to observe them all exactly and to an haire he who shall behave himself so honestly that willingly he omitteth nothing appertaining to his duty and is morally diligent to attain the knowledge of all those Statutes which tend thereunto and resolveth faithfully and without scandal to be serviceable unto the estate honour and peace of his Community as far as humane frailty will permit performeth doubtlesse with a very good conscience his faith given for the observation of the Statutes and by the rule of just and honest dischargeth the duties whereunto he obligeth himself And the like is to be understood of the publique Laws of a Kingdome SECT XIX ANd this shall suffice to be spoken of the first Classis of Cases But left it be thought my intention to permit too great a licence of oaths because I have so often said that this or that kinde of oath is not unlawfull I thought fit maturely to advertise you that I have said nothing this day nor shall hereafter that may give any man reason to believe it lawfull for him to swear at his pleasure it being well known unto me that an oath is a sacred thing not without great necessity and then seldome and with much reverence to be used But my meaning throughout is that an oath upon this or that occasion is not simply and generally unlawfull For example when I said on oath impeditive of a greater good is not unlawfull or an oath of an indifferent thing is not unlawfull my sense was that an oath ought not therefore to be concluded simply and generally unlawfull so it have all the rest of the due conditions only because it is impeditive of a greater good or only because it is of an indifferent thing or which comes all to one that there is not in those considerations any such impediment but it may be lawfull if it be otherwise necessary and in all other respects duly qualified The fourth Lecture Containing seventeen Cases Summary 1. The efficient cause of an oath and the things to be handled proposed 2. Oaths of children 3. Oaths of mad men and fools 4. Oaths of men drunk and enraged 5 6. Oath of one being in the power of another 7. The authority of him who giveth an oath 8. Faith to be kept with enemies heretiques perjured persons 9. Whether an oath oblige the Heirs of the party swearing and how far 10. Oath to be performed by the Heir or Successâ—r 11. Voluntary oaths 12. Oath obtained by fraud 13. Oath taken through some light fear 14. Oath extorted by force or fear 15. Money promised unto a Theif ought to be paid 16. Solution of objections 17. Whether silence promised unto a Theif be to be kept SECT I. THe principall difficulties appertaining properly unto the matter of an oath being finished in the foregoing Lecture we proceed unto the solution of those doubts which may be reduced unto the Efficient cause The Efficient cause of an oath is as to our purpose twofold the Agent to which effect properly belongeth and the Impulsive cause Again the agent is either principall or more remote from the effect For as two persons at the least to wit the person swearing who engageth his faith and the deferent as they speak who follow Cicero or person to whom the engagement is made must as tearms of this relation concur in the obligation of an oath So each hath his part in the work The first and especiall belongeth to the person swearing the second to the Deferent or person to whom the oath is made In both agents the condition or aptitude of the person is first to be considered next the extension of the obligation Wherefore in this kinde of efficient cause such doubts are in the first place to be considered as arise from the defect of some condition requisite on the part of the principall agent to qualifie him for an oath And two things especially are requisite unto such a qualification rational judgement and lawfull power For an oath ought to be taken with a minde both deliberate and resolved to perform the promise But he who is not indued with rationall judgement can neither be
common speech to be repugnant unto a former oath lawfully taken Thirdly who compelleth another to swear unto an unlawful thing to wit against his duty to God to his Superiours against the Laws of the Kingdome against a good life Fourthly who offereth an oath of ambiguous sense or any way captious thereby to ensnare the conscience life liberty or fortune of his neighbour Fifthly who without necessity either terrifieth any person by threatnings compelleth him by authority or inveigleth him by perswasion example deceipt or other means to an oath which he knoweth to be against the Conscience of that person Would to God all such as are in Authority would seriously consider with what a foul and indelible brand Jeroboam the son of Nebat hath stigmatized his name and Conscience in causing the people of Israel to sin and how grievously they provoke the Lord to wrath who abuse the power he hath given them for the edification unto the destruction of others SECT XIV THe fifth Conclusion An Oath is not to be taken with a relucting and unsatisfied Conscience The first proof because that which is not of faith is sin The second because we ought to swear in Judgement which certainly he doth not who goeth against the judgement of his Conscience The third because such an action must needs be occasioned by regard had unto some temporall advantage or fear of some losse or hope of some profit or desire to obtain favour or the like And how ill doth it become a Christian to prefer the world before God durt before heaven the body before the soul temporall gain before eternall joy the follies of this before the hopes of eternall life externall peace before the quiet of Conscience The fourth because the party so swearing evidently exposeth himself to the danger of perjury For he who through fear or hope of any temporall losse or gain may be induced to swear will hardly if the like fear or hope disswade be induced to perform his oath and yet Heathens themselves have numbred perjury amongst the most hainous crimes which kindle the anger of the immortall Gods not against the guilty only and their posterity but even to the destruction of whole Nations How much more ought wee acknowledging the only true God who hath solemnly professed that he will not hold him guilâ—lesse that taketh his Name in vain to fear and tremble lest whilest we behold on every side the plentifulâ— and luxurious crop of Oathes and Perjury grown already ripe for the Harvest God the most just Judge to the utter destruction of so perfidious and profane a generation should instantly thrust in the sharp sickle of his judgements We have already been sensible that our most mercifull Father is provoked unto wrath and his infinite patience wounded and as I may say overcome with our intolerable wickednesse converted into fury Where all are extream it is not easie to say for what particular crime Yet certainly he who seriously considereth how far we have been since God hath smitten us with a more heavy hand from bewailing those most grievous sins of oathâ—s and perjury nay rather how vastly they are encreased here through the uncontrouled and unpunished licentiousnesse of oathes and blasphemies there through the foul Hypocrisie of perjury hid under the specious pretence of Religion cannot choose but think upon those words of the Prophet Jeremiah Through Oathes the Land mourneth Wherefore Men Fathers and Brethren I beseâ—ch you as many as are here present and all whereever they be who wish well unto the publique peace of this Church and Kingdom or to the private of their own souls and Consciences that we take most diligent heed lest we fall into contempt of Gods most holy Name and violation of our own faith that we flye all unnecessary Oathes constantly refuse those which are unlawfully requiâ—ed faithfully perform those which we have lawfully taken as far as is in our power couragiously restrain the licentiousnesse of sin in oathes and continually implore our great and good God that he would give us being taught by his correction and humbled under his most powerfull hand hearts to flye unto his mercy to acknowledge his Justice to implore his grace for the remission of all our sins amendment of our lives and salvation of our soules by and through the merit of our Lord Jesus Christ to whom with the Father and the holy Spirit three Persons and one God be the Kingdome the power and the glory for ever and ever Amen Amen FINIS An exact and large Table of the most remarkable things contained in this Book The Number denotes the Page ABraham's league with Abimelech 163 Accessaries extinct by the principal ceasing 249 Act of an Oath implies reverence of the Divine Name 8 Advisement to be took before one swear 206 All obligation to duty respecteth duty de futuro 30 Any man may recede from his own right 252 Asseverations Attestations and Oathes differ 164 Assuerusâ—is â—is oath to Esther 96 B. Bond of an Oath is indispensable 234. 247 By my faith and by my truth are oathes 167. 175 C. Childrens oaths 109 Christ generally forbids unnecessary oathes 171 Commutation of an oath is unlawful 242. Confirmation the true end of an oath 13 Conscience to be preferred to fear of punishment 27 Cydias his oath 240 D. Davids oath touching Nabal 19 Debts twofold 25 Definition of an oath Dictates of conscience binde us not to act against it 84 Difference between an oath and a vow 10. between an oath and an assertion ibid. in Doubtful matters the safest part is to be taken 53 Doubting of an oath 223 Drunken mens oathes 111. it is unfit for them to swear 112 Duty of subjects perpetually obligatory 246 E. Efficient cause of an oath twofold 105 Egyptians oathes 157. 170 Enraged mens oathes 111. it is unfit for them to swear 112 Error in the substance makes the oath invalid 134 Every oath is in its nature binding 30 Evill can receive no validity from an oath 76 Exceptions and conditions to be prefumed in oathes 54 Excessive curiosity of method to be avoided 65 Extent and latitude of an oath 215 F. Faith and justice firm bonds of humane society 14. Final cause of an oath 16. 218 First and second intension of an oath 216 Force of words 167 Formes of oathes 149 Formes of words 165 G. God swearing 21 God chiefly called for a witnesse in all oaths 8. especially in true and formal oathes 9 God is invocated in all oathes 10 God not to be invocated as witnesse but in doubts worthy his vindication 93 H. Hannibals oath 108 Habit of swearing 220 Heirs of the party sâ—earing how far bound by his oath 126 Herods oath 4. 19. 97 He that â—wears by Idols swears by them he thinks to be Gods 9 How to know whether a man have sworn oâ—â—o 163 I. Jacobs covenant with Laban 163 Jesuites defend AEquivocation 194 Impossible things oblige not 60. things may be impossible three wayes ibid.
bound himself with a vow to some work of piety or charity should afterwards take an oath which might hinder the performance of his former vow For example if bound by a vow to give weekly the half of his gain to the poor he afterwards swear to contribute his whole gain to the use of war or as if Caius having promised to sell his land to Titius at a certain price should afterward swear to seâ—l it unto Julius at a greater rate Thâ—s case hath no difficulty for it is clearly answered and the answer is founded upon the third Hypothesis That such an oath is neither lawfull nor obligatory because that former obligation however contracted whether by agreement or by vow or by bare promise or by meer duty remaineth valid and putteth a bar upon all subsequent acts to the contrary SECT XII THe fifth case is when that which is sworn seemeth impeditive of some future good as if one should swear that he would never be surety for another nor a Minister of the Gospel being of parts very fit for that calling or having the sole knowledg of some useful Art never to discover it unto any man or the like The reason of the doubt â—s that the lesser good in comparison with the greater good holdeth in some sort the proportion of ill wherefore an oath though otherwise honest yet if it hinder a greater good seemeth to be evill Of the doubt in this case no general and certain solution able to comprehend all particular sorts can be given because it is imployed in comparing the greater and lesser good which dependâ—th very much upon the laying of circumstances wherein the variety being infinite all cannot be comprehended under certain and definite rules but the matter for the greatest part must be left to the arbitration of some prudent person thereupon to determine as by weighing arguments on both sides with as much faith and diligence as he can may at length seem unto him pro hic nunc most expedient yet in the mean time seeing it is not simply true except warily understood that every man is alwayâ—s bound to do that which is best for solution of the doubt in this case it may be said that an oath is not unlawâ—ull nor loseth its force of obligation precisely because it hindereth a greater good unlesse other circumstances also concur as they usually do which may either prove it unlawfull or not obligatory An example will illustrate the thing 〈◊〉 is taught by the inventor Titius a medicine of soveraign vertue or some other excellent art but upon condition of an oath That during the life or without the leave of Titius Caius shall not discover the same unto any man The non-communication of so great a secret seemeth to be against the publick good and yet by the dictate of reason Caius is obliged bona fide to perform what he promised otherwise injury would be done unto Titius whom it concerneth that the secret be not divulged which without such an oath first taken had not been communicated unto Caius himself SECT XIII IT remains in the next place that we treat of things unlawfull by accident in as much as they seem to be causative or at the least occasionative of some evill and that either to the party swearing or to others Wherefore the sixth case is where the thing sworn is hurtfull to the party swearing either by bringing upon him certain temporall loss or by exposing him to the danger of temptation As if Caius should swear unto Titius the spend-thrift to lend him an hundred Crowns never a thousand to one to be repaid which would be to his loss or if Fabius at the request of his wife made upon her death bed to defend her children from a step-mother should binde himselfe by oath from second marriage whereby perhaps he might expose himself to the danger of burning I answer first that this kinde of promise is not rashly or without mature deliberation to be made nor except there be weighty reason for it yet that it is not simply unlawfull for although all occasion of evill be diligently to be avoided nevertheless seeing nothing which is not in it self but by some other reason unlawfull can necessarily and universally be an occasion of evill and seeing there is not any thing simply and in it self unlawfull only because it may be an occasion of evill all promises of this kinde ought not simply to be condemned especially if probable danger of any great inconvenience upon diligent consideration appeared not unto the party swearing at the time when he took his oath Secondly I say if the oath turn to the temporall hurt of the party swearing only without injury to a third person the party swearing is bound though to his great loss except the party to whom he hath sworn be willing to release him of his oath They are the express words Psal. 15. That sweareth to his own hurt and changeth not Where in the Hebrew the first word is of the preter tense juravit in malum the later of the future non mutavit as if he should have said It is the duty of a godly man having sworn unto his neighbour that which he cannot perform without his own great damage to be constant nevertheless and to ratifie that which he hath promised and as it is in our Text to doe according unto all that proceeded out of his mouth Thirdly I say the oath obligeth though it exposeth unto hazard of temptation except it be otherwise vicious Because if that might suffice to make an obligation void there would hardly remain any thing that might oblige seeing through the cunning of thâ— Devill and corruption of the heart of man there is nothing so free from danger of evill but it may become unto our destruction except we be protected through the mercy of God a snare of temptation yet through the assistance of Divine grace this obligation should rather be an usefull buckler against the darts of the Tempter for as much as thou art engaged to yeeld the lesse and strive the more because thou art bound by the Religion of an oath not to doe that whereunto thou art tempted SECT XIV THe seventh case is where the thing sworn seemeth unlawfull in respect of the danger of scandal which might thereby be given unto others we through our fact affording them occasion of ruine Many warnings and those very heavy ones to avoid scandall are extant in the Epistles of St. Paul that especially to the Rom. 14. 1 Cor. 8. 10. And verily a good Christian ought to take most diligent heed in all his conversation not only to preserve his own but not to offend anothers Conscience not only to seek his own but the convenience of many and to consider as well what is expedient for them as lawfull for himself lest otherwise he abuse his liberty to the destruction of his brother But how far lawfull things ought to be forborn that
supported But he who contracted for his ransome with a Theef did it to the end that he might redeem his life therefore having redeemed his life and enjoyed the end at which he aimed he ought to perform that which he promised Fourthly the wisdome of the flesh ought ever to be suspected as an enemy unto the purity of the heart and a trap unto the peace of the Conscience and what is the wisdome of the flesh if this be not where profit seemeth to strive with honesty nay honesty being rejected profit to be imbraced That man will not much trouble his minde whether money promised be to be paid who esteemeth Faith and Religion beyond riches and quietnesse of minde beyond all worldly gain Fifthly Regulus and others as hath been said who kept their faith with enemies though upon the hardest conditions are celebrated by Heathen Writers And Cicero himself commendeth Pomponius the Tribune who performed that whereunto he sware compelled through fear adding this applause So much in those times was an oath esteemed SECT XVI BUt they who are of another opinion object First that enemies are of a different nature from theeves and pirats For say they we may deale with enemies as we doe with adversaries with these by the Civill Law with those by the Law of Nations and therefore faith ought to be kept with them but with theeves enemies of mankinde there is no society of law and therefore none of faith I answer first skilfull Lawyers affirm some legall rites of society to appertain even unto theeves of whom if we should borrow money it ought by the Law of Nations to be restored wherefore â— pari promises made unto thâ—m ought to be performed Secondly though no performance were due unto the theeâ— as a person unworthy thereof for which reason breach of bare promise might perhaps be more excusable yet ought we at least to perform our faith unto God Secondly they object that through such contracts honest men may be undone by rogues which would be a publick mischief I answer nay rather the lives of honest men saved from rogues which will be a publick good But Thirdly say they by this means robbery and rapine would be established whilest theeves passe not only unpunished but rewarded I answer if it be so it 's so only by accident through their vice not his who doth not any way help the theeves nor approve of their fact by promising nor approveth of it by performing his promise but rather in providing for his own safety prevented so much of their wickednesse that they remained theeves only and not murderers Fourthly they object that the obligation of an oath ariseth from a deliberate act of the judgement and will where the will therâ—fore is so far from freedome that its action may rather be called coaction there followeth no obligation I answer and it is confessed by all that the wil cannot be forced There may indeed be coaction in respect of an externall and remote principle of action but in respect of the nearest principle which in all humane action is the will there can be coaction He therefore who maketh an oath unto a theef that he may save his life doth it willingly with an unwilling minde wherefore this kind of oath is not simply but mixedly involuntary that is to say an action partly unwilling because it is not done willingly partly voluntary because it is done with election though not the freest yet free enough to deserve the name rather of voluntary then involuntary because choyce of two things being granted unto the agent it is in his power to take which he had rather And he willeth who had rather He therefore is not truly said to have sworn unwillingly who when he might have let it alone chose rather to swear For death being threatned except he would swear it was left to his choyce whether he would rather suffer the mischief threatned or be redeemed from that mischief by the obligation of an oath He considered he chose to be obliged therefore he would be obliged and he who confesseth that he would be obliged argueth absurdly that he was constrained and therefore is not obliged Fifthly they object that the Traveller oweth the theef nothing and therefore is not bound to pay him any thing seeing as hath been said all obligation relateth unto some debt now that nothing is owing unto the theef is proved because no right can be founded upon injury and it seemeth to be most unjust that a man should by his injurious fact acquire any right unto himself therefore unto the theef who terrified the traveller and contrary to the duty of an honest man extorted from him an unjust oath no right accreweth and so neither is the party sworn obliged I answer a twofold obligation may arise from an oath one unto the person to whom the oath was made as a party the other to God by whom the oath was made as witnesse and revenger Many things may hinder the former obligation so that he to whom the oath was made may acquire no right nor any thing in conscience be due unto him from the party sworn and from this kinde of obligation and debt proceedeth the objection But the obligation ceasing in respect of the man who offered injury and violence yet the obligation made unto God remaineth to whom irreverence is offered when a man admitteth of an oath which he intendeth not to fulfill and injury when having admitted of it he regardeth it not SECT XVII ONe case yet remaineth peculiar unto this place and that is where a man falling amongst theeves to save his life is constrained to promise them silence by an oath that is never to reveal their theft unto any man or to discover their names unto the Magistrate It is very hard to determine any thing in this kinde saith Frederick Baldwine late Professor at Wittenberg yet addeth that he thinks it safer that the person keep not the silence promised but discover the matter unto the Magistrate albeit he have sworn to the contrary It seemeth he is of opinion that the oath is not obligatory but the three reasons he giveth as he proposeth them barely and briefly without further confirmation give me no satisfaction First he saith that this oath is of an unlawfull thing If so there is an end other arguments are needlesse But this he taketh without proof for granted If it be thought unlawfull because it 's the duty of a good Commonwealths man to give notice of lewd persons unto the Magistrate that so they may receive condign punishment it is granted but it doth not therefore follow that it is alwayes sin not to give notice seeing the affirmative precepts of duty oblige not simply unto the performance of the same but when we are able and it is required by the exigence of circumstances Secondly he saith that such a kinde of oath seemeth to have a certain kinde of Collusion with the theeves which is pronounced so