many things which elsewhere to recite were not worth the while much lesse to our present purpose Alexander Neopolitanus taketh notice of some of the chief of them Those were esteemed most sacred where touching the Altars of the Gods they sware in conceived words and those next in which they sware Jovem lapidem Now they are said to sware in conceived words who â—ither all repeat the formall words of an oath or some one the rest signifying their consent unto his words by some word or sign Holy Scripture maketh mention of two rites especially amongst the antient Hebrews Whereof one was peculiar unto such oathes as Superiours by their authority required of their inferiours for the faithfull performance of their commands The first example of this kinde is Gen. 24. where Abraham requiring an oath of fidelity from his servant concerning the choyce of a wife for his son commandeth the servant to put his hand under his thigh The like Jacob upon his death bed commanded his son Gen. 47. when he committed his buryall in the land of Canaan unto Josephs care Which rite whether observed in token of faith whereby they believed in the blessed seed which was to come from the thigh of Abraham or in Commemoration of the Covenant which was made with Abraham when he was circumcised or for any other cause we finde not founded upon any expresse command of God but to have been for ought we can gather of free Institution By which the perverse and superstitious severity of those men who blame all rites in Divine Worship as execrable and abominable Idols in the Christian Church which for decency and order sake are instituted by humane authority without the expresse precept of God is the more to be admired The other rite amongst the people of God was elevation of the right hand towards Heaven during the act of swearing and this was used in oathes voluntarily taken and not by command of others Which rite whether through imitation of the Hebrews as in many other things or by a kinde of naturall direction looking towards the God whom they believed to dwell in the most high place the people of most Nations have observed And of this as of the former we have the first example in the story of Abraham Gen. 14. but no more founded for ought we know upon any speciall command of God then the other Neverthelesse the use thereof encreased so much upon posterity that by a Metonymie of the Adjunct we finde the phrase of lifting up the hand frequently put for the act of swearing yea and the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which properly signifieth the right hand is not seldome taken for an oath by the Hebrews and Arabians Whence some of the Interpreters understand those words Psal. 148. 11. to be spoken of an oath Whose mouth speaketh vanity and their right hand is a right hand of iniquity or rather of lying and falsehood for so properly the Hebrew words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifie Yea even God himself where he is represented swearing after the manner of men useth that kinde of speech I lift up my hand to heaven and swear by my right hand Deut. 32. 40. To this rite are frequent allusions in the Propheticall Books of either Testament And here we have another occasion of wonder that this Ceremony should not only be tolerated in Christian Churches but approved by those very men who are so far from approving the use of other rites of the Old Testament though they be all alike lawfull or unlawfull amongst Christians that they will not endure them but cry out importunately to have them banished from all devout Congregations As concerning the rites of Christians that I may omit the rest of the various Ceremonies used in the primitive Church and according to the differences of times and places variously observed There is one which derived unto us from the Primitive times is yet in use viz. to swear in conceived words laying the hands upon the holy Gospels of God And this kinde of oath in which besides the pronunciation of the words some visible externall gesture of the body is used as touching the Altar the Thigh the Book casting away the Stone lifting up the Hand and the like is usually called a Corporalloath SECT XII OF these rites which are used in solemn oathes the second case or the second question is Whether and how far they strengthen the obligation of an oath that is Whether a solemn and corporall oath have any greater strength of obligation then a simple oath whence the violation of the one might contract heavyer guilt then that of the other In answer I say first that it is grantâ—d by Casuisis not only of the Romish party but also of the reformed Churches that the solemnity of the act aggravateth the sin of an oath as well as of a vow seeing oathes and vows are in most things alike especially in their obligatory vertue To swear corporally is more then by writing or bare speech saith one of them and another By how much the solemnities are encreased by so much greater is the perjurie Secondly I say although we yeeld the perjury to be more grievous yet a solemn oath of it self and in its own nature is not more obligatory then a simple one because the obligation of an oath as it is an oath for it obligeth also as it includeth a promise but I say as it is an oath ariseth precisely from this that God is invoked a witnesse and revenger no lesse in a simple oath then in the solemn and corporall for the Invocation is made precisely by the pronunciation of the words which is the same both in the simple and solemn and not by any corporall motion or concomitant sign in which the solemnity of the oath consisteth Wherefore Thirdly I say that solemnity aggravateth the sâ—n of perjury is accidentall but yet necessarily and inseparably not contingently and that for two reasons First in respect of the greater deliberation For to this end is the solemnity of external rites ordained that it mightstrike the minde with the greater reverence of the act and as it were sense of Religion to the end the agent might be bent upon the act with the greater attention and deliberation and every sin caeteris paribus is the more grievous by how much it is against the more deliberate and precedent act of the will Secondly the perjury of a solemn oath is the more grievous because it giveth the greater scandal For with the more solemnity a thing is done the more attentively it is observed by most and therefore if there be offence in it the example will be the more notorious and pernicious Fourthly I say seeing it is granted to be expedient in an oath which is part of Gods Worship that for the greater reverence of the Act a certain solemnity of rites and Ceremonies should be used as also a prescribed form of words it seemeth that no just reason can
De Iuramento SEVEN LECTURES CONCERNING THE OBLIGATION Of Promissory OATHES Read publickly in the Divinity School at OXFORD By ROBERT SENDERSON D. D. His MAJESTIES Publick Professor there Translated into English by His late MAJESTIES speciall Command and afterwards Revised and approved under His MAJESTIES own hand London Printed by E. C. for Humphrey Moseley Octavian Pulleyn and Andrew Crook and are to be sold at their shops in St. Pauls-Châ—â—châ—yard 1655. TO THE READER SHould I tell thee no more but the Authors Name and by whose Command this Book was made English 't were sufficient Commendation But because I intend not to waste many words know that whether thou be a Ruler or a Subject Single or Marryed this Book will concern thee Since thou canst not make any Oath Promise or Stipulation and thou canst not quietly live without them but mayst here read how far thou stand'st obliged So that whether thou lovest thy own conscience or thy Neighbours the Author and perhaps the Translator have here done thee a courtesie Farewell OF THE OBLIGATION OF OATHES The first Lecture NUMB. 30. 2. If a man vow a vow unto the Lord or swear an oath to binde his soul with a Bond he shall not break his word he shall do according to all that proceedeth out of his mouth The Summary 1. The things to be handled proposed 2. The definition of an oath 3. An Oath is a Religious Act. 4. In an Oath God is called to witnesse 5. The matter of an Oath is something in doubt 6. The end of an Oath is credit 7. The definition given containeth all the four kindes of Causes 8. Oaths assertory and promissory 9. Oathes Comminatory 10. Oathes Execratory 11. The definition and distinction of Obligation 12. Obligation to guilt and to punishment 13. An Oath is in the nature of it Obligatory 14. The different obligation of the Assertory and Promissory SECT I. I Shall handle this matter with the more expedition and your better profit as I conceive if in the very entrance I lay before your eyes as it were a generall Map of my future discourse for so both you may better understand my design and I more certainly bound my speech that I may either contain it within the due compasse or if it chance to start out a little it do not so loosly wander but that it may be maturely brought in order and reduced unto the point I shall therefore deliver the whole matter under three heads First That it may be the better understood of what I speak I wil shew what an Oath is in generall what a Promissory Oath is in particular what Obligation Then because the determination of uncertain things is to be drawn from such as are certain I shall propose certain axioms or generall rules derived from the fountains of naturall Law and confirmed by generall consent as Hypotheses and Touch-stones of the future disquisition from whence the decisions of particular cases are to be deduced and to which they are to be brought as unto their rules Canons These two necessarily premised of which one will give light to that which is to be spoken the other strength and foundation I shall come in the third place to salve those doubts which may have any difficulty in them worthy of debate or may serve to cast any scruple into the mindes and consciences of pious men which as it is the principall part of the whole work and by far the largest I shall endevour to bring all the variety of Cases into certain Classes and that according to the four kindes of Causes so far as it concerns the bond of obligation reserving to the conclusion of the work both those things which appertain to the solution of that bond and any other which I shall either finde to have been omitted in their due place or judge fit for the better regulation of life and Conscience to be annexed SECT II. THE draught of the whole future treaty thus delineated as in a map now I betake my self to the matter Where first is to be explained what an Oath is I shall not need to insist upon the name and the defining thereof for the ill custome of swearing is grown to that passe and the familiar abuse of this so sacred a thing is such in these debauched times that it can be unknown to no man nay not unto children what an Oath is Authors as the manner is variously expresse the definition of the thing it self according to their particular fancies That of Cicero is the most concise An Oath saith he is a religious affirmation Where by the way I both admire and am angry at the forward youths of this age who I know not out of what erroneous prejudice but I am confident to their own great hurt avoid Cicero as a writer of too much prolixity But I return if any man desire a fuller definition of an oath let him take this An Oath is a religious act by which God is called to witnesse for the confirmation of some matter in doubt Every member of this definition I shal particularly explain SECT III. FIrst I say it is a religious act Act is put as the Genus for though an Oath be properly in the Predicament of Relation yet because the relative respect which is in an oath is founded upon the act of the party swearing it is not for that reason impertinently defined by such an act for as much as in the definition of Relatives the matter or ground of that relation is usually put in for the Genus Now that it is a religious Act is manifest first by the authority of Scripture Deut. 6. 13. Thou shalt fear the Lord thy God and serve him and swear by his name From which place the Schoolmen unanimously conclude that an Oath is to use their term Cultus latriae that is an act of such holy worship as is due unto God alone Socondly It is manisest by the consent of all Nations amongst whom as led by one light of nature the religion of an oath hath been ever held most sacred insomuch that the very words Sanctity Religion and others of like sense are scarse in any other so frequently used amongst Heathen writers as in this matter of Oathes and though they had many rites amongst them which they held sacred yet to an Oath only for no other cause then that it was in a manner the most holy of their holy things remained as peculiar right by the name of Sacrament From whence that name passed afterwards into the Church from some similitude with the military Sacrament of the Romans yet to signifie some other things The French also at this day framing the Latine word Sacramentum unto their pronuntiation call an oath Unserement Thirdly it is manifest from most evident Reason because an Oath tends to the honour of God as being an acknowledgement of his truth wisdome justice and divine power For although a falfe oath or an oath lightly rashly
timerously as sheweth he had not much faith in this argument Kinde of Collusion a certain kinde and seemeth to have Which whether it be true or not who would undertake to prove that it is not lawfull for a Traveller if to the apparent hazard of his life he fall amongst theeves to doe something which might seeme to have a certain kinde of Collusion with them That which he bringeth in the third place the impediment of Justice encouragement of wicked persons in their impiety occasion of leading others into the like hazard of their lives through such silence would be prevalent indeed if the Traveller were gotten out of their hands safe and unsworn But we suppose except he had sworn he had been slain I ask therefâ—re whether in such certain danger of â—â—e was it lawfull for him to swear or not lawfull If not lawfull and certainly the two first arguments either prove that or nothing he had perished and who then should have given the Magistrate information of the theeves The inconveniencies which are objected from this silence might they not seeing dead men are enjoyned perpetuall silence be objected from his death But if it were lawfull to swear then it is also lawfull to keep the oath except some emergent accident as it may fall out unexpectedly do render the thing lawfull when it was sworn afterwards unlawfull Let this therefore till the contrary be proved by stronger arguments remain both in this case the rest where deceit fear tyranny and the like are exercised That an honest man either ought not to swear at all which if the thing it self be not unlawfull seemeth hard in imminent and apparent danger or ought religiously to observe his oath And thus much for the Efficient cause of oathes In which I was desirous to have been briefer if the matter would have born it My discourse hath encreased upon my meditations beyond what I expected and yet whilest I study brevity I have willingly omitted many things whereof I might profitably have spoken The fifth Lecture Of the Externall Form of an Oath Containing ten Cases Summary 1 Oathes by signes onely without words 2 Oathes by the Creature 3 Oathes by Idols 4 How to know whether a man have sworn or no. 5 The first tryall the form of the words 6 The second the force of the words 7 Of Josephs form by the life of Pharaoh 8 Third triall the custome of the Countrey 9 Fourth the intention of the party swearing 10 The use of the said trialls 11 The solemn rite of an oath 12 Whether solemnity increase obligation 13 Solemnity of oathes omitted SECT I. THe Materiall and Efficient causes of oathes have been handled in the foregoing Lectures We come to speak of the Formall cause Now the form of a thing being either externall or internall the cases of this Classis are so under two heads to be divided as may bring those things which appertain unto the words or signes of an oath because they are received by the interior senses under the name of Externall form and those things which appertain unto the sense and interpretation of the same which is the work of the minde under that of Internall form An oath in respect of externall form consisteth of signes only or of words only or of both wherefore the first doubt is of the oath which is made by signes only without words There have been who have thought except the words I swear or the Name of God be expressely used as I swear I will perform it by God I will doe it I call God to witnesse So God help me or the like that it is but a bare promise and no oath and therefore obligatory under perill of falsehood only not of perjury so that he who fulfilleth not his promise which ought also to be performed is guilty of violated faith but not of a violated oath And amongst the Casuists Bartolus is said to have judged words at the least some so necessary unto an oath that unlesse the testimony invoked were in expresse words pronounced it could not formally be an oath nor under that name obligatory But these two opinions are worthily rejected by all For seeing words are but interpreters of things conceived in the minde whereof they are characters if it be possible for those things conceived though perhaps not so conveniently yet sufficiently to be signified by other means as writing nods signes c. to the understanding of others no necessity enjoyneth the use of words So mutes they who have had their tongues cut out and such as lie speechlesse upon their death-beds when they contract Marriage make their Wills or perform any thing which cannot be done without a clear and undoubted signification of their assent which they are unable to expresse by word of mouth use by nods by lifting up the hands or other signes to signifie their answer unto the question asked Which signification is no lesse valid unto all intents and purposes of the Law then if it had been expressed by word And it is the very same in an oath to which so God be any way invoked witnesse whether expressely by word of mouth or tacitely by any signes whereby the persons whom it concerneth may manifestly perceive that the party desireth as in the presence of God to engage his faith such an act is both formally an oath and fully sufficient to oblige the conscience according to that verse which Stobaeus bringeth out of an old Comedian The oath is firm if I but give a nod He is therefore very much deceived and his own impostor who thinketh himself either free from or more loose in his obligation because he uttered no word that might expresse an oath If to another asking him a question as in the presence of God witnesse and arbiter by the manner of his behaviour he seem plainly to consent or if where it may be advantagious unto him in respect of some wordly gain that he should seem to have sworn unto the words of another he knowingly and wittingly make use of a friend to witnesse though falsely that he hath so sworn he hath bound by that fact his soul with a bond and ought no lesse to doe according unto all that which proceeded out of the mouth of the party asking or requiring then if it had proceeded out of his own mouth if the thing be lawfull he must perform it but if he know it to be unlawfull he cannot by this trick evade perjury SECT II. FUrthermore as oathes may be sworn by signes only without words so they may and most commonly are by words only without signes as appeareth by those rash ones which slip out in common discourse and others Now the words of an oath may be considered yet two wayes either in respect of the things by which it is sworn or according to the manner of expression and form of speech in which it is sworn Wherefore the second doubt is concerning the obligation of an oath in
without any scruple That amongst the Jews from the time this custome of swearing by the creature waxed strong the reverence of oathes decayed very much is most apparent by the words of our Saviour Mat. 5. 23. Which two places laid together afford a sense tending to the correction of a double perhaps a treble errour First that the Jews granted unto themselves so they abstained from the Name of God liberty of swearing in every trifle Secondly that they thought it no sin to sweare though by God if that were true which they sware Thirdly that whilest they sware but by the creature and not by God they thought a falsehood no perjury for so they perversely interpreted that place Thou shalt not for swear thy self but shall render thy oathes unto the Lord. Wherefore Christ teacheth that oathes taken not in the Name of God but of creatures are as truly oathes and as fully obligatory as those wherein God is expresly mentioned And thus much shall suffice for the former case SECT III. THe latter case is of an oath made by Idols or false Gods For solution of the doubt in this case First I say that such oathes are simply unlawful apparently Idolatrous and expressely prohibited by God for they direct the true worship due unto the true God only unto Gods which are not true contrary unto the precept Deut. 6. 13. Thou shalt fear the Lord thy God and serve him and swear by his Name And God himself grievously upbraideth his people with this sin Jer. 5. 7. How saith he shall I pardon thee for this Thy children have forsaken me and sworn by them that are no Gods Secondly I say that such oaths oblige upon pain of perjury and ought to be observed and that he who hath violated his faith so given in a lawfull thing is perjured so saith Augustine Because he hath sworn by such as he ought not and done contrary to his oath that which he ought not to have done he hath committed double sin And again he who sweareth by a stone if he swear a falsehood is perjured You may perhaps object that this wherein God is not invoked witnesse seeing a false God is no God can be no oath and therefore is not obligatory I answer though a false God be indeed no God because as truth and ens so falsehood and non ens are convertible he is neverthelesse a God in the opinion of him who sweareth which is sufficient to induce obligation And therefore such an one ex Hypothesi is a true oath to wit the erroneous Conscience of the party supposed forasmuch as he is bound in conscience to perform the thing which according to the judgement of his conscience he hath confirmed by an oath Where faith sworn by a false god is violated injury is done unto the true God Because the party swearing Though under false markes yet by a generall comprehension reflecteth upon Divine power Whence Augustine The stone doth not bear thee speaking but God punisheth thee not performing alluding as I conceive unto the solemn rite of the Romans where the party swearing held a flint in his hand and pronounced these words If I knowingly deceive let Jupiter cast me from all good men as I this stone which said he threw the stone immediately from him and they who had performed this ceremony were said Jovem Lapidem jurare He therefore who forsweareth by a false god shall finde the true God revenger of his perjury and contempt of Divine Power and Religion saith the Author of the Book of Wisdome Nay Augustine is so confident that he feareth not to affirm it lesse evill to swear by a false god truly then by the true God falsely Which speech of his may not be understood at large and upon the whole matter but strictly as to the falsehood and perjury which in that place are only considered Thirdly I say upon the obligatory power of this kinde of oath dependeth the solution of that question which was put by one Publicola unto blessed Augustine handled at large by the Author in his whole Epistle 15. 4. Whether it be lawfull to require an oath of one who we know will swear by Idols Augustine holdeth the affirmative and proveth it first by example of Abraham who confirmed the League contracted with Abimelech by oathes mutually given and received Gen. 21. and of Jacobs Covenant made with Laban Gen. 31. Then by reason because otherwise there would be no convenient means whereby Leagues might be made and publick faith and peace preserved with Idolaters nor doth the true God any where forbid the good use of faith though wickedly sworn by false gods If it be said that this were to partake of anothers sin Augustine answereth we do not by this means associate our selves with him who sweareth by false gods Devils in the evill of sin but in the good of his contract whereby he engageth and performeth his faith And so much for the second doubt SECT IV. THe third doubt followeth which considereth the manner of expression and verball form of an oath The reason of the doubt is that seeing every oath truly and formally such obligeth under guilt of perjury but not such forms as are not oathes it were needfull we should be able amongst those forms which seem to be oathes by some note or character to know which are and which are not properly and formally oathes In which matter I confesse of so many of the Casuists as in this straightnesâ—e of time I could peruse I finde none satisfactory some of them touching this question lightly others handling it indistinctly To the end therefore I may propose something concerning this point more distinctly as my hast to other things will permit It is to be noted that unto a bare assertion or promise some confirmation of faith is usually added and that by Asseveration Obtestation or by an Oath which three albeit they may seem little distant and rather to differ in degree then kinde neverthelesse intrinsecally formally and specifically they are each distinct from other It is true this distinction through their affinity the end at which they aim and words whereby they are expressed is oftentimes so obscure that it is very hard either not altogether to confound them or skilfully and dexterously to distinguish them Wherefore that every one of these may be the better discerned from other four things which may serve as tryals of every form of speech whether it be an Oath an Obtestation or meer Asseveration are to be considered viz. The form of words the proper and genuine sense of the same the custome of the Countrey and the intention of the party swearing SECT V. FIrst it may be sometimes sufficiently apparent by the very Form of the words whether a man have sworn or not Swear unto me that you will give me an hundred I swear or By God I will or I promise Before God I will or As God help me I will give you them If any
of these or the like be answered it is an oath whosoever useth such form is ipso facto obliged and if he perform not the thing promised guilty of perjury But in this now Will you give me an hundred I will give you them the very words adding no further confirmation of faith make but a bare Promise You told me you would give me an hundred will you give me them Certainly I will Believe me I will not deceive you Here some kinde of confirmation is added unto the promise but it is plain by the very form that this is but a meer Asseveration neither an Oath nor so much as an Obtestation seeing God is neither called to witnesse nor any other pawn of faith engaged How shall I know that you will give me that hundred which you promised Here 's my hand By the faith of an honest man I will give you them As truly as the Sun shineth I will doe it Never believe me more if I dot not c. The words themselves shew that they contain more then a bare asseveration but they are not an oath yet These therefore are rather Obtestations wherein for further Confirmation of a matter promised or assevered we interpose something which is dear unto us or certain and manifest unto all as a pawn of our faith Wherefore if it plainly appear by the meer form that the thing assumed for confirmation of the promise be properly an Oath a bare Asseveration or an Obtestation there needeth no furâ—her â—xamination SECT VI. BUt because it happeneeh very often through the resemblance of some ambiguous or large signification of a word or some other cause that it cannot certainly be judged by the words uttered whether it be an oath or no in the second place we must be attentive unto the proper and genuine sense of those words and from thence make the Judgement For it may appear by the forms that all those speeches which appeal unto the Name of God or wherein the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Latine Per or the English By are used with the accusative case are formally oathes Led by which reason only Soto conceived so much difference between the terms By my faith and In faith By my troth and In troth that he determined those to be formally oathes these none But if the genuine sense of the words be well looked into there will be no difference between the Propositions By and In being applyed unto the same thing for we are to judge of them as the thing they are applyed unto is Sacred or Civill The form By God is properly an oath by vertue of the words for the Name of God is a sacred thing and he who speaketh after that manner calleth God to witnesse But that By my faith though by the custom of some Countrey or intention of him who speaketh it may be an oath is no oath by vertue of the words but a meer Asseveration or at the most an Obtestation Because humane faith is not a sacred but a civill thing and he who speaketh after that manner calleth not God to witnesse but speaketh as he believeth or declareth that the thing is uttered with serious and sincere deliberation of minde For the genuine Interpretation of the words By my faith whether in an assertory or promissory matter is this I speak from my heart I tell you my very thought I pawn my faith to you that the thing is so If to my knowledge I deceive you let me never be believed more c. Wherefore the interposition of faith maketh not an oath by vertue of the words unlesse perhaps it recall us to some oath which we have formerly made As in this University when a man is required to answer unto a question by vertue of his Oath according to this form You shall speak by your faith given unto this University And when Convocations are solemnly called whereunto the Doctors Masters Regent and Non-Regent are warned by the Beadles to repair Per fidem per fidem per fidem The like in my opinion though others I know think otherwise is to be said of that of Paul By our rejoycing which I have in Christ I dye daily to wit that it is properly no oath but a serious asseveration only that as he was subject unto death so he was daily prepared for death when it should please God to call him SECT VII NOw it may perhaps by so much as hath been said be conveniently determined what is to be thought of those words whereupon Interpreters variously dispute of Joseph unto his Brethren By the life of Pharaoh ye are Spies Some are of opinion that Joseph having been long conversant with Pharaohs Courtiers as infected with a touch of their disease began to savour at the least in this point of their manners and example the AEgyptians being accustomed to swear by the Kings life as the Romans in latter ages were by the Genius of the Emperour But I cannot easily suffer my self to judge otherwise of the words and actions of men famous for piety then necessity compelleth I see divers of the Antients in contributing unto the fame of the Saints too indulgent unto their own wits whilest they would cover apparent defects with specious excuses An error much more pardonable then theirs who in this Age delighted with the contrary love to be curious enquirers into the faults of devout men and lest matter should be wanting unto calumny by perverting blamelesse actions bestow cracks upon Crystall glasses as it were in the washing Others allow a more favourable Interpretation unto the speech of Joseph that he used for once only this form of swearing familiar unto the Courtiers as an accomplishment of his disguise and that he might more skilfully represent the person of an AEgyptian Prince which he counterfeited lest he should be discovered by his Brethren But I doe not like to lay this burthen though somewhat lighter upon the shoulders of the most holy man without any necessity The third opinion is theirs who absolve Joseph from all guilt but with this reason that they think it was lawfull for any man before Christ forbad that kinde of oath to swear by the creature Which opinion I confesse so far as it acquitteth Joseph of sin I allow but of the reason for it I cannot allow For first it appeareth not that Christ did more especially forbid oathes by creatures then such as are made by God for he generally prohibited the unnecessary ones of either kinde A new prohibition of that which was alwayes unlawfull would have been needlesse And that which he spake of oathes by the creature in particular tendeth to shew that this kind of oath once made contrary to what the Jews thought of it is no lesse obligatory then those which are made by the Name of God expressed Secondly neither is it true that it was lawfull before Christ for pious men by any dispensation or divine indulgence to swear by the creature seeing
be given why both the moderate use of solemnity and a certain form of words should be banished from the other parts of publick Worship I confesse though I have thought upon the thing with my self and enquired much of others I could never yet finde out why these should not be taken from oathes as superstitious additions or be retained in the rest of Gods service as profitable helps to piety I leave it to him who can unriddle it it is beyond my skill SECT XIII THe fifth doubt remaineth which is neither difficult nor shall be tedious and it is of an oath wherein some part of solemnity is omitted in respect of the dignity of the person As when an Oath is given unto a Prince or some great Officer at his Coronation or time when he receiveth trust and honour the ordinary rites as the Touch and Kisse of the Book c. omitted the words unto which he is to swear being read unto him he is only admonished upon the word of a Prince or upon his Honour c. faithfully to observe the same Unto which admonition if he moving his hand unto his brest answereth only that he promiseth the oath is accounted taken In this case I say briefly that the party sworn is no lefse obliged in Conscience to the faithfull performance of the things promised then if he had pronounced with his own mouth every word and syllable and had exactly accomplished therest of the Ceremonies and Solemnities And thus much shall sufsice to be said of the externall form of an oath Perhaps ye expected as I had determined that those things which appertain unto the Internall form of an oath should have been comprehended also in this Lecture But that part containeth some doubts of great use and moment and worthy of larger room espcially that part which explaineth in what sense an oath ought to be understood Wherefore lest I should injure you with too much prolixity or the matter with two much brevity I shall doe my endeavour that in the next Lecture together with the finall cause which containeth not many doubts nor much difficulty I may finish that which I have to say of the Internall form The sixth Lecture Of the Internall Form and finall cause of an Oath Containing seventeen Cases Summary 1 Of the Internall form or Interpretation of an Oath 2 Where the parties are agreed upon the sense of an oath 3 4 Whether verball equivocation avail any thing 5 6 or mentall Reservation 7 That an oath is not to be eluded by a studyed subterfuge 8 In what sense voluntary oathes are to be understood 9 10 And in what oathes that are required 11 How far the sense of an oath dependeth upon the scope of the same 12 An oath upon condition 13 Of the first and second Intentions of an oath 14 When a lawfull thing is sworn for an evill end 15 Whether the party swearing not intending to swear be obliged 16 An Oath by the way of Complement 17 When a man is doubtfull whether he have sworn or no. 18 A man willing to swear but intending not to oblige himself SECT I. WE proposed a twofold form of an oath Externall and Internall the Externall following the signes and words which are objects of our Externall senses we finished in our last Lecture We come to the Internall which consisteth in the sense and Interpretation of the words and is the work of the minde Now in this place I take the sense of the words not in respect of the Forms by which we understand a thing to be sworn for of this we have formerly spoken in the tryalls of oathes when we discoursed upon the outward form but in respect of the promise confirmed by an oath and contained in the words A matter truly of great moment and manifold use and in either relation worthy of your most diligent attention for it is of much concernment to know in what sense you swear because he is forsworn who performeth not what he promised in the same sense wherein he promised or ought to have promised it and that not in oathes onely but in Vows Promises Leagues Contracts and all other conventions wherein it behoveth an honest man that his dealing be fair and his performance exactly agreeable with the true sense of his undertakings Wherefore to the point The words of an oath are either clear or ambiguous SECT II. THe first doubt is of the obligation of an oath the words whereof are plain and have a manifest unquestionable sense where four cases occur The first is where the words of an oath or promise are so clear either first by their proper and ordinary signification or secondly by the manner of speech received in any Countrey or thirdly by mutuall consent of the parties that their sense is fully agreed upon by the persons interessed For example of the first I Caius promise unto thee Titius to give thee possession of my Land in Tusâ—ulan if within a months time thou pay me an hundred Crowns Example of the second John bargains with Peter for the hundred Marks which I owe you I will deliver you to morrow an hundred of my Wethers Or for the benefit of your Land I will pay you the yearly rent of three Bushels of Wheat In the former of which examples although an hundred be a word so ambiguous that sometimes it signifies five score sometimes six score yet by the received use of it throughout England the intention of the parties would be so manifest that there could arise no controversie about the sense thereof because we all know that an hundred when we speak of money signifieth five score and when of Cattel six So a Bushel in the latter example is a measure containing double the quantity in the Northern parts of this Kingdome which it denoteth in the Southern So wheresoever the bargain be made the use of the place will so explain the ambiguity that plain dealing men could by no means disagree about the signification of the words Example of the third Titius desiring to buy one piece of the land of Caiâ—s bordering upon his own having formerly beaten the price at their next meeting asketh Will you sell me your land at the price you set upon it I will though no peculiar mention be made of that piece which bordereth upon Titius yet it is evident by the foregoing discourse that the same was peculiarly understood And this kinde of oath obligeth the party swearing to perform his promise fairly and in that sense upon which without elusion it is manifest the Contractors were agreed And he who bargained to deliver an hundred Wethers hath not made good his agreement till he deliver six score SECT III. THe second Case is of an oath where the words according to their common signification are clear enough but the party swearing having no will to oblige himself in that sense intendeth another whereof the words by reason of some ambiguity are not altogether incapable and industriously
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.