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A66733 The law of laws, or, The excellencie of the civil law above all humane laws whatsoever by Sir Robert Wiseman ... ; together with a discourse concerning the oath ex officio and canonical purgation. Wiseman, Robert, Sir, 1613-1684.; Lake, Edward, Sir, 1596 or 7-1674. 1664 (1664) Wing W3113A; ESTC R33680 273,497 368

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at Common Law Proceedings in Chancery with the several species and kinds of cases wherein such Oaths at Common Law are tendered being very numerous and are by him cap. 6. in the third part of his Apology and other parts thereof reckoned up and fully set forth And if this may be done in civil causes ought it not much rather be allowed the Church in criminal which works onely medicinaliter to reformation the Common-wealth works ad poenam the Church not so this to the amendment of the party to bring him to a voluntary submission and to take away the offence and scandal which he hath justly given to his Neighbour and to lead a new life that perhaps to the loss of liberty corporal punishment or livelyhood at least besides the infamy of being convicted of doing dishonestly and unworthily CHAP. V. That it is consonant to Gods Word to give such an Oath Ex Officio or otherwise EVery soul is to be subject to the Higher Powers Rom. 13. This is to be understood in all commands not contrary to Gods Word Acts 5.29 in such comes in the Apostles rule It is better to obey God then man That the giving such an oath is not contrary to Gods word An oath duly imposed by the Magistrate necessitates the Subject to take it as appears by the commandment of God himself Thou shalt the Lord thy God and serve him and shalt swear by his name The like is given by the Lord in the Prophet Jeremy O Israel thou shalt swear The Lord liveth in truth in judgment and righteousness Joshua gave charge to all the Magistrates of Israel Jer. 4.25 that They shall not make mention of the gods of other Nations nor shall cause to swear by them Saul did not onely charge the people with an oath Josh 23.2 7. but made them vow with a curse not to eat any food that day till night therefore one of them reported to Jonathan Sauls son 1 Sam. 14. That his father had made the people to swear Some would cavil at this as but an Adjuration and would without reason difference that from an Oath but in that Chapter 1 Sam. 14. it is four several times called an Oath The wise King Salomon imposed an oath upon Shimei in a cause capital to him Did not I make thee saith he swear by the Lord c. 2 Kings 42. So King Saul urged David to swear unto him 1 Sam. 24. for a private offence only between Neighbours King Salomon testifieth that a necessary oath of Purgation may be required by the Complainant 3 Kings 8. When a man shall trespass against his neighbour and he lay upon him an Oath to cause him to swear c. 2 Chron. 34. King Josias made a covenant and vow and caused all that were found in Jerusalem and Benjamin to stand to it Neh. 5.12 Nehemiah caused the Priests to swear c. It is assigned for a special mark of a Godly man To swear to his neighbour and not to disappoint him though it be to his own hinderance Num. 30.3 Psal 15.4 Abraham said thus to his servant I will make thee swear by the Lord God of the Heavens c. this in a private cause Gen. 24.3 much more a Magistrate in a cause wherein the Commonwealth or Church of God hath Interest to have it sincerely dealt in Jacob moved Esau to the sale of his birthright Gen. 25.33 and took an Oath for confirmation of it A man supposed to have born false witness against another is thereof brought in question Deut. 19.17 and re-examined if it be objected it was not upon oath by consequence of reason it must be upon oath when what he has said before upon oath is re-examined and this in a case very penal to him The oath of Adjuration is very frequent in Scripture Prov. 29.14 about not declaring cursing which he heard By the History * Jud. 17.1 2. of Micah as we are † 1 Cor. 10.3 bound to do all to the glory of God so it belongeth to the glory of God for a man by due presumptions burdned with a crime and charged by the Magistrate to confess of himself as appeareth by the history of Achan The lot fell upon him but this was but an inducement to ground a special Inquisition against him if hereupon he might have been executed Joshua needed not to have required any further confession of him but he goes further with a most solemn Adjuration Lev. 5.1 in those dayes used for an oath the Hebrew word signifying both and being translated sometimes juramentum and sometimes adjuratio Son give glory to the Lord God of Israel c. Josh 7.9 albeit the punishment was capital Ezra adjured the Chief Priests c. Calvin in his Institutions gathereth Ezra 10.5 that Achan took an oath When a man is found secretly murdered in the field and the murder is not known nor suspected yet all the Elders of the next City thereunto should use certain Ceremonies and then swear That their hands have not shed this bloud nor their eyes have seen him that shed it Deut. 21. In Leviticus a certain Sacrifice is to be made for certain sins amongst which this is one as Arias Montanus translates it out of the Hebrew If a soul or a man shall have sinned and have heard the voice of an Adjuration or Oath c. That which is here said Lev. ●5 ● if he have heard the voice of an Oath the Geneva Translation offereth it thus in the Margin as if it were nearer to the Hebrew then the other in that Text viz. If the judge hath taken an oath of any other Exod. ●● When a man delivers money of stuff on trust to be kept by his neighbour if it happen to be imbezelled away and the thief be not certainly known or found by the Low of God be must take a necessary oath of purgation and enquiry The same also is a little after established by God touching any quick goods happening to be left in deposito Ibid. v. 10. A sacrifice of Atonement for such a sin of Perjury is prescribed If any do sin saith the Lord any deny unto his neighbour c. If a man be moved with a jealous mind against his wife Num. 5.14 she is not onely to be charged with an oath but to have further tryal to drink the bitter waters Jer. 38.14 When the Prophet Jeremy was charged by the King in a generality to answer that which he would aske him the Prophet promiseth so it should not be capital to him he would answer it Whether upon oath or not oath for before God 't is the same no doubt he answered the truth (a) Jer. 37.13 The same Prophet when he was charged with a particular high crime refused not to answer or bid them prove it but roundly answers it (b) 2 Kings 5. So Elisha