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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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and are therefore not to be estimated according to what lieth hid within in the mind but according to what flowes from the tongue in known and intelligible words The end of words is to testifie the hidden truth of the heart But when an Oath shall be added to these words and the Eternal Verity called in to witness that our tongues do faithfully declare our minds this is added to beget a firmer belief and to falsifie here is a greater sin a Truth which all men even the Heathen have received as Sacred * Vid. Sims Chron. Cath. in Perfic p 115. When Lacrates the Theban Captain besieged Pelusium in the behalf of the Persians at last it yielded upon terms and Oath was given that the Greeks yielding the Castle should go out safe with all their goods and be conveyed to their Countries Upon confidence of this faith given by Oath they yield but the Persian Souldiers under Bagoas the Kings Lieutenant coming in contrary to the Oath fall to Pillaging the poor Greeks they now can do nothing but bewail their misery complain of the Perjury calling on the gods to punish it But Lacrates who had made the terms and given his Oath in zeal to his Oath falls upon the Persians for whom he fought and protects the Greeks to whom he had sworne The Persians accuse Lacrates as taking part with the Greeks against them but the King who was then Ochus even the same who was Ahasuerus the husband of Hester hearing the cause justified Lacrates condemned his own Lieutenant B●g●as determined that those Persians were justly served and ordered further punishment should be taken upon them who ●o brake the Oath and pillaged the Greeks So Sacred a thing did that Barbarous King esteem an Oath to be There is no doubt then Sect. 14. but there is an high obligation by an Oath upon the soul But yet not such an obligation in every Oath as to bind the Sweater to an actual performance of it For it is no difficult matter to give instances of some Oaths that have been wickedly entred into and more wickedly kept And therefore we must consider as the nature so the several qualities of Oaths that we may better be able to judge when and how far they bind As to an Oath then Sect. 15. that we may neither sin in the taking nor in the keeping of it God hath given us this express command (k) Exod. 20.7 Thou shalt not take the Name of the Lord thy God in vain c. And for the preserving this Name of God from all prophanation which is much prophaned by rash inconsiderate irreligious Oaths by Perjury and by not performing our Oaths to the Lord yea and by doing upon pretence of an Oath what we ought neither to swear nor do The Prophet hath set this threefold boundary about all our Oaths (l) Jer. 4.2 Thou shalt swear in Truth Judgement and Righteousness i. e. Truly considerately and justly So that to every lawful Oath there are these three things prerequisite 1. Truth Sect. 16. That God be not invoked to a lye Here the Law is (m) Lev. 19.12 Thou shalt not swear by my Name falsly a crime (n) Isa 48.1 Jer 5 2. charged upon Israel as their sin For this is to make the Eternal Truth witness to a Lye and lay an impuration upon God to be as (o) Joh. 8.44 the Devil the Father and Factor of Lyes Here then we are obliged to sweat to nothing but what is True viz. to assert nothing but Truth and our hearts and words going together that we really endeavour to make good what we have sworne 2. Judgement Sect. 17. That we swear not rashly or inconsiderately but seriously consider what we swear and whose Name we invoke that an Oath may be taken with the greatest care discretion and deliberation Lest the Sacred Name of God be prophaned by idle light and customary Oaths or our selves irreparably snared by our inconsideratenesse as Joshua and Israel were (p) Josh 9.15 25. by swearing to the Gibeonites 3. Justice and Righteousnesse Sect. 18. To do nothing but what is just and honest lest we make God the countenancer of wickednesse and call in the most Holy to patronize impiety or injustice Such an unjust Oath was that of (q) 1 Sam. 14.39.44.45 Saul whereby he would have killed his son (r) 1 Sam. 25.22 of David to destroy Nabals house of the (s) Acts 23.12 fews to murder Paul The cause ground and matter of the Oath must be just honest laewful possible and consonant to the revealed will of God These three conditions must have place in all sorts of Oaths which are fully comprised under these two general heads 1. An Assertory Oath which is nothing else but a Deposition Sect. 19. that of which the Apostle speaketh when he saith that (t) Heb. 6.16 an Oath for confirmation is the end of strifes Which must be allowed as without which many controversies questions and suits of Law were indeterminable The use of this Oath is when we are called to witnesse and declare what we know of a thing past or present the truth whereof we are bound then by Oath to declare so far as we know In this the three forementioned conditions have place thus 1. Truth that we affirm or deny nothing but what we know infallibly evidently and certainly or if the thing be doubtful that we affirm or deny it but as such and venture no farther than a probability viz. that there be perfect truth in our words 2. Judgment viz. 1. That we remember it is the Oath of God an holy thing and not to be made profane or common nor taken but when by a lawful authority we are called unto it 2. In great and serious and weighty causes or matters of moment to which only it is fit to call down as by Oath we do the great God from heaven to be a Witnesse and Judge Nec Deus intersit nisi dignus vindicè nodus inciderit 3. Not out of any levity love hatred or any passion or perturbation of mind but a just and lawful necessity when no other way remains to prove the truth or put an end to controversies 3. Justice and Righteousnesse When we are justly called to take it and when we swear we swear from an honest heart Here Justice and Truth is much what the same These Oaths refering only to the time past or present the Truth in them is but single relating only to the time present or the Act of swearing viz. that this is Truth which we now depose The difficulties about these Oaths therefore are not many nor very implicate because thus their whole truths are immediately fulfilled in the present act and a farther obligation these have not But the most difficulty is concerning another sort of Oaths viz. 2. Promissory Oaths Sect. 20. Which have respect to the time to come and lay an
Piety to promote a wicked design or now as weakly to please men and to save their worldly estates are ready to do any thing and perjuriously to break the bonds which they were by so Solemn an Oath obliged in And the truth is while men have their eye thus upon the empty blast of a vain reputation there can be no hopes to perswade such to retract an error much less to condemn what themselves have so violently promoted But methinks men of knowledge and parts and above all that profess themselves to be Christians should know that the esteem and applause or censures of men is too sandy a foundation to build upon and the worst rule to guide our actions by and be able to teach themselves and others that as sometimes to fall and be overtaken in a sin was the weakness of flesh so to persist in an error is the wickedness of a man but to glory in and labour to justifie an evil action is the property rather of the Devil than Man and that our best repute and highest credit with God and all good men is that we are more ready to repent than we were to sin that we our selves are ready to cast the first stone and condemn our selves for what we have done amiss that though sin have sometimes overtaken us as we are men yet upon conviction we rise again by repentance and through grace overtake mercy What an happiness would it be to the Church What a real honour would it be to the persons themselves if they would be as forward in returning and as zealous in informing the people of their errors and reducing them to obedience and peace as they have sometimes been to stir them up against the wayes of both But I am not so uncharitable as to think that all or the nost Sect. 8. who scruple this Acknowledgement are such men or only guided by such rules Many that took this Covenant and many Ministers that pressed it I verily believe thought that they must and ought to do so though I fear upon no better grounds than St. Paul before his conversion had to perswade him that he (c) Acts 26.9 ought to do many things contrary to the Name of Jesus or than those had who persecuted the Disciples and (d) Joh. 16.2 thought they did God good service Howsoever many in the sincerity of their hearts did swear many through fear entred the same obligation some think they are still obliged though they may be convinced that they rashly or unlawfully took that Covenant The satisfaction of these doubring souls is the design of this Paper We shall therefore examine the matter required by this Act Sect. 9. which is a Law of undoubted Authority now upon us and conside whether any men are or can be obliged by the Covenant mentioned so far as that they may not subscribe this Declaration or Acknowledgement There are but these two things required to be acknowledged and declared 1. That there lies no obligation upon any person by this Oath to endeavour the Alteration of Government in Church or State 2. That it was an unlawful Oath and imposed contrary to the known Laws and Liberties of this Kingdom Both which I judge unquestionably true and shall give my reasons that I may do my part to remove this stone of stumbling and Conscience being satisfied in this case we all may obey the Law in a just consormity and continue with chearfulness and peace to serve God and his Church in our generations An Oath beyond all peradventure is most Sacred Sect. 10. and hath the greatest tie upon the soul being A Religious attestation of God with an imprecation of his wrath upon us if we break it or abuse his Name in it Here we call in God for a Witness of the truth and sincerity of our hearts and imprecate his vengeance upon us if we either lye or mean not to performe what we so promise in things lawful and in our power Thus it is a Solemn invocation of God the searcher of all hearts that he would bear witness to the truth and be our Surety for what we promise and punish him that swears deceitfully So that an Oath thus solemnly sworne and religioufly taken must have the strongest obligation upon Conscience upon this threefold account 1. In regard of the Name invoked Sect. 11. and by which it is made It calls in God as the Searcher of hearts (e) Rom. 1.9 2 Cor. 1.23 11.31 Gal. 1.20 Isa 65.16 to attest it that is the eternal and immutable verity to confirm it and to falsifie here is to make the God of Truth the Author or Patron of a Lye 2. In regard of the Imprecation Sect. 12. and consequently the vengeance to be inflicted man devoting himself to a Curse for a punishment of his Perjury to be an Anathema if he swear falsly or willingly performe not what by solemn Oath he is bound to do For this was the form of and the usual imprecation in the Ancient Oaths (f) Ruth 1.17 1 Kings 2.23 19.2 1 Sam. 25.22 God do so to me and more also if c. not expressing but by an Aposiopesis suppressing the evil wished as committing it wholly to the judgement of God q.d. The Lord thus and thus punish me yea multiply his plagues and judgements upon me as himself pleaseth if I intend otherwise than I say or profess This was a thing which even Nature taught the very Heathens (g) Corn. Nep. in vita Agesil When Agesilaus a King of Sparta and Tissaphernes General of the Persians had made and sworne a three moneths truce The Spartan thought himself obliged to keep faith with his enemy and to attempt no hostility But the Persian regarded it not studied War still Yet the Spartan persisted to keep his oath expecting by this means advantage enough against the Persian as being confident that his Perjury would alienate the minds of men both from him and his designs and moreover provoke the gods also against him by whom he had sworne 3. In regard of the end for which the Oath was taken Sect. 13. Viz. To make faith and beget belief to be a perfect (h) Heb. 6.16 Confirmation of a thing in doubt and the best assurance that what is promised shall be performed The God of Truth is called in to witness and his anger imprecated that men may have reason to believe and trust us and not doubt of the truth of our words or sincerity of our intentions Words are made to be the interpreters of our mind by which we can only know the intentions one of another it is therefore as unnatural as unlawful to falsifie ones word or (i) Lev. 19.11 Ephes 4.25 tell a Lye to use mental reservations Amphibologies or Equivocations which would make all Leagues and Contracts of no assurance Truth and Falsehood are parts of justice and injustice which have relation to our Neighbour ad extra
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