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A61779 De juramento seven lectures concerning the obligation of promissory oathes / read publicly in the divinity school of Oxford by Robert Sanderson ; translated into English by His Late Majesties speciall command and afterwards revised and approved under His Majesties own hand. Sanderson, Robert, 1587-1663. 1655 (1655) Wing S589; ESTC R30543 102,036 294

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all men 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith Diodorus Siculus and Dionysius Haliearnasseus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And the Apostle greater and more elegantly then both 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an end of all strife Heb. 6. When we arrive once at this point Ne plus ultra all humane dispute and contradiction must rest here Not that every thing confirmed by an oath is simply certain for then there would be no perjury which alas is too common but because in this condition of mortality wherein it seemeth unto divine wisdome profitable for mankinde that they should be conversant with much obscurity and incertainty of things to the end that their mindes may be raised unto the things above which are more certain there can be no greater humane faith then that which in an oath by the invocation of the name of God is as it were attested and confirmed from heaven SECT VII IN this definition of an Oath examined as you have heard are in some sort contained all the causes of oathes That first member in which it is said to be a religious Act to wit of him who sweareth necessarily includeth the will of the Agent that is to say of the party swearing seeing every man is a free agent and every humane act voluntary as the primary Efficient cause The second member expresseth the Formall cause of an oath which is the attestation of the divine Name or invocation of God as a witnesse The third member contains the other two causes to wit the Materiall and Finall For the proper Matter of an Oath is the thing in doubt that is the truth whereof is not sufficiently confirmed to him before whom it is pleaded by the bare testimony of the assertor and the proper Finall cause of an oath is that a doubtfull matter may have that certainty through invocation of divine testimony then which no greater can be had in the contingency of humane affairs This which I have said Auditors is to the end it may render me the more excusable unto you for the prolixity I have used in explaining the definition of an Oath Because when with the help of God I come to state dubious cases which I intend to do with respect unto the four kindes of causes I doubt not but you will then easily perceive how profitable it will be to the studious and advantagious unto my purpose to have had a foreknowledge of these things which concerning the nature of oathes have been by me so largely handled SECT VIII BUt thus much of Oathes in generall what a Promissory Oath is in particular comes in the next place but more briefly to be explained Sundry divisions and distinctions of oathes according to the diversities they respect are extant in Divines and Lawyers by some they are divided into Judiciall and Extrajudiciall by some into publick and private into simple and solemn into naked and execratory into absolute and conditionall by others otherwise But the noblest of all and that which as I remember is not by any of them who have written of oathes omitted is that whereby they are distinguished into Assertory and Promissory For whereas in every oath as hath been said the name of God is taken by the party swearing by way of invocation unto the testimony of some doubtfull matter it is to be observed that this may be done three waies For a past matter may be doubted whether it were so or not so as did you see Caius yesterday in the market-place or no or a present one whether it be so or not as have you the money I left in your hands or have you it not or a future one whether it will be so or not as will you lend me an hundred pound to morrow or will you not So often therefore as God by an oath is invoked witnesse to a thing past or present such an oath is usually called Assertory Because the party swearing without any promise for the future only asserts the thing to have been or to be as he then sweareth But if God by the interposition of an oath be invoked witnesse to a future thing that oath is called Promissory because the party swearing promiseth to performe something or not to perform it hereafter The chief use of the Assertory is in judicature to determine suits especially upon the question of fact There is small use of the Promissory in judicature but very much in promises bargains contracts Many examples of this kinde of oath are found in sacred story and elsewhere The servant of Abraham devoutly sweareth faithfully to observe his Lords commands in the choice of a wife for his masters son Joshua and the princes of the people of Israel swear but inconsiderately to observe the League with the Gibeonites King Herod sware but very rashly to give unto the daughter of Herodias whatsoever she should aske SECT IX FUrthermore it is to be advertised that under the title of an oath Promissory is also comprehended the Comminatory such as was the rash oath of David for the destruction of Nabal and the impious one of certain Jewes who vowed that they would neither eat nor drink till they had killed Paul These and such like are not properly Promises which word seems rather to signifie something that may be gratefull unto another but by a kinde of Synecdoche joyned with a Catachresis which as it is otherwise familiar amongst good Authors so especially in words which respect some future thing as sperare for timere and the like the name of Promises may Metaleptically be extended to Comminations So Gods Oath whereby he sware in his wrath that the Israelites who had tempted him with divers provocations in the wildernesse should not enter into his rest may and useth no lesse to be called promissory though not so properly then the other of his whereby he sware unto their fathers that he would give them the land of Canaan for an heritage SECT X. NEither is it materiall to the nature or effect of a promissory oath whether the oath be barely expressed or with an execration added for although there be some of the Schoolmen unto whom that oath which is made by a simple calling to witnesse seems to differ in specie from that which is done with an execration added they being induced unto that opinion for this reason that God is invoked by that as a witnesse by this as a judge yet if we more attentively consider the matter we shall finde by what hath been said that they come both to on● For every oath in what manner soever uttered whether barely or with execration either expresly or at the least implicitly invoketh God both as a Witnesse and Judge but primarily and perse as a Witnesse secondarily and consequently as a Judge and that is the most explicate form of an oath whereby God is both explicitly called to witnesse and whereunto an execration or imprecation is annexed as if a man should swear thus I call God to witnesse