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A61516 A discourse of the nature and obligation of oaths wherein, satisfaction is tendered touching the non-obligation and unlawfulness of the oath called, the Solemn League and Covenant : the acknowledgement whereof, is required of us by a late act of Parliament, intituled, An act for uniformity : published as an appendix to the Peace-offering / by the same author. Stileman, John, d. 1685.; Stileman, John, d. 1685. Peace offering. 1662 (1662) Wing S5552; ESTC R16314 24,193 32

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obligation for the future For by these we engage our selves to do something hereafter Such was that (v) 1 Kings 1.17 Oath of David that Solomon should reign after him This when made to God is called a Vow when to man an Oath The Obligation in both is the same because made in the name of God (x) Psal 76 11 Vow and pay to the Lord saith one text and (y) Mat. 5.23 Thou shalt perform to the Lord thine Oaths saith another This also must have the same conditions of 1. Truth Sect. 21. that we promise only what we sincerely mean to perform and that we do really perform or at least endeavor our best and utmost to perform what we have so promised So that the Truth which in the Assertory Oath is onely single relating to the present and Act of swearing is in this promissory Oath double 1. In regard of the present that our mind and words go congruously together that as we promise so there be a real sincere intention to perform and here lies on the soul an immediate obligation that in the very act of swearing our words be according to our intentions 2. In reference to the effect and time to come that we will have our Actions go along with our words and that by our utmost endeavors in all honest wayes we will labour to make our words good 2. Judgment Sect. 22. That as in the former so in this we 1. With reverence remember by whom we swear the name of the great God so as we enter not this Oath upon light and trivial causes or not lawfully called to it 2. That upon mature deliberation we so promise what we promise by oath considering well the matter and circumstances to which we are engaged lest by our inconsideratenesse we should oblige our selves to a mischief or inconvenience 3. That what we promise be possible and in our power lest otherwise by our rashnesse we become engaged where by reason of the impossibility of performance we cannot but break our Oaths That we be not drawn either by affection passion fear or terror to promise that which in out unbiassed thoughts we would not or might nor do 3. Justice and Righteousnesse that what we promise be just Sect. 23. honest lawful and agreeable to the Word of God not contrary to any moral precept nor our former lawful Oaths and not yet rescinded obligations So that as 1. They sin against this who having sworn and being obliged to the duty of any moral precept yet for gain interest vain reputation c. absolve themselves at pleasure and perform not their Oaths So 2. Do they sin also who enter into Oaths and Obligations to do what they are obliged not to do as to lye kill steal c. Such was the Oath of the (z) Acts 23.12 Jews to kill Paul of (a) Mat. 14 8. 12. Herod to He●odias both rash and against judgment in the Act swearing to give her any request not considering how unjust or unequal a thing she might ask and unjust and wicked in the execution the Murder of an innocent Man and an holy Prophet of God These Promissory Oaths only are the matter of our present consideration Sect. 24. as those only which have an obligation upon us for the future And because the Matter of this Oath which is in the future to be fulfilled is naturally subject to change whether we will or no the Obligation therefore must needs be mutable and separable from the Oath It is in our power to make the first truth good viz. That our minds and intentions shall go along with our words but the second is not alwayes in our power viz. That our Deeds and Actions shall exactly answer either our words or intentions He is forsworn who intends not what by Oath he promiseth but he is not alwayes forsworn who effects not what he hath so sworn Let us therefore consider the Cases Sect. 25. how far these Oaths oblige and when or where the Obligation ceaseth for I doubt not but there is an unquestionable Truth in both these Propositions 1. That though a lawful Oath generally obligeth yet there are some Cases and Times where it obligeth not And 2. That there is some kind of unlawful Oath that still obligeth so that on the one side Sometimes an Oath may be lawfully sworn yet afterwards unlawfully kept on the other side it may be unlawfully sworn yet may be lawfully kept and would be unlawfully broken Therefore as to the lawfulness Sect. 26. or unlawfulness of Oaths I must premise this distinction which is but necessary for the better understanding wherein they are lawful or unlawful and we may be able to give a clearer judgment of the Obligation Oaths may be said lawful or unlawful 1. In regard of the Imposers or Exacters of them They are lawful when we are called to swear by a just and lawful Authority unlawfully imposed when by an usurping and unlawful Authority 2. In regard of the Act Manner and Motive of swearing It is lawful when upon a lawful cell from an honest heart upon mature judgment But not so when rash or inconsiderate drawn by Affection hurried by Possion driven by Fear or extorted by Force 3. In regard of the Matter sworn to whether just and honest or evil and unlawful to be done In the first Notion an unlawful Oath may oblige sometimes in the second but never in the last These things will help us to judge what Oath is lawfully or unlawfully taken and when the Obligation of a lawful Oath ceaseth and where it continues And where an unlawful Oath obligeth or obligeth not I shall give you my thoughts in these Conclusions 1. It is beyond all question that all Oaths Sect. 27. lawfully required to which we are called by a just Authority the matter whereof is just honest and in our power to perform do indispensibly oblige the conscience so long and so far as those who required the Oath will that they should This I take as so clear and unquestionable that it needs no proof nor explication 2. All Oaths Sect. 28. where the matter is just or they oblige not to any dishonest thing though they are rashly sworn or upon surprise though imposed by unjust Powers extorted by force and cannot be kept but to our own inconvenience and so consequently unlawful Oaths perhaps snfully sworn as being contrary to that condition of swearing in judgment yet may lawfully be kept yea sometimes and in some cases do oblige and may not be broken Such was the case of Pomponius the Raman Tribun (b) Cic. de Offic l. 3. ad fin cap. de Fortitud He had summoned L. Manlius to appear in court to an accusation against him concerning his too severe usage of his son The son T. Manlius hearing of it went into the Chamber of the Tribune and with his drawn sword threatned his life if he presently swore not to him