confirm it not by a greater indeed as we do because there was no greater but by himself Gen. xxii 16. By my self have I sworn saith the Lord c. and upon this Abraham did believe the Promise and so ought we also Now from the words thus explained we infer That it is lawful for Christians to use an Oath for confirmation in solemn Cases We see that God did take an Oath and if Oaths were evil in themselves 't is certain God would not swear since he can neither do nor be tempted to do evil James I. 13. yea his Swearing certainly proves it is good in its own nature and His Oath being designed to comply with humane custom as a confirmation of the Truth of his Word on a great and just occasion by this Imitation and design God hath ratified and approved our solemn use of Oaths in deciding differences This one Act of his declaring it lawful to swear in all such cases Besides the Apostle here relates the use of Oaths in Judgment supposing it universally practiced by Gentiles Jews and Christians at that time for he saith not ye Hebrews swear or ye before your Conversion did swear but Men verily swear c. that is all Men do it now Nor doth he on this occasion give any intimation either of his dislike of this general custom or that it was not to be allowed to the Christians so to do wherefore we may conclude from his recording this usage without making any exception to it and his justifying it from the example of God himself that the Apostle did allow and approve this use of Oaths But our obstinate Adversaries without considering how to answer these Arguments will presently object That Christ saith Swear not at all Math. V. 34. and S. James adds Above all things my Brethren Swear not Jam. V. 12. as also that some of the Ancients as well Heathens as Christians seem by some pickt Sentences to forbid all use of Oaths To which I shall reply That since 't is impious to suppose those Scriptures can contradict this Text it is reasonable to believe that some other kind of Swearing is there forbidden and not that which is commended here and it is very plain to unprejudiced Men that our Saviour is speaking of no other Oaths but those used in common discourse for the next words are but let your communication be yea yea nay nay ver 37. which shews he was treating only of Oaths in our ordinary Communication which might be wholly prevented if in our common talk we barely affirmed things by a plain yea or yes or barely denied them by a plain nay or no and the instances he gives of swearing by Heaven by Earth by Jerusalem and by their Head ver 34 35 36. were all of that sort of Oaths which the Jews used in their usual discourse and not one of them was ever used in Judgment where they only swear by the living God Math. xxvi 63. Indeed the Pharisees to take the Jews off from the wicked custom of ordinary Swearing by Gods Name did allow them in their common-talk to swear by these lesser things persuading them there was little danger in them and no great obligation by them Math. xxiii 16 c. But Jesus reproves this false gloss of the Third Commandment declaring that in our Communication one with another we must not swear at all neither by God nor the Creatures for in our usual discourse a bare Yes or No is enough and whatever is more comes from either the evil custom of the Speaker or the evil and jealous temper of the Hearer And S. James only repeats and applies his Masters words warning the Christians to take great heed they did not use that liberty given them by the Jewish false Teachers to swear in their usual talk by Heaven or by Earth or any other Oath but to be sure always to affirm what was to be affirmed by a plain Yea and deny what was to be denied by a single Nay lest they fell under Gods condemnation for profaning his Name or as some of the best Copies read Lest by a common careless use of Oaths they fall into that accursed Hypocrisie of binding rash and false words with Oaths as customary Swearers use to do This is all can be fairly inferred from these two places and therefore we conclude they forbid only Common Swearing and not that Religious and Solemn Swearing in Judgment which this Apostle here approves and commends And the Practice of the best Christians abundantly assures us it was never believed that solemn Oaths on great Occasions were forbidden in the Gospel This Apostle S. Paul who certainly knew his Masters mind saith S. Augustine did Swear for his saying in weighty cases God is my witness Rom. I. 9. and Behold before God I lie not Galat. I. 20. are as plain Oaths in that Father's Opinion as can be spoken And though the Primitive Christians refused to Swear by the Emperors Genius or by any of the Daemons since thereby they had acknowledged them to be gods yet Tertullian saith expresly But we also swear By the Emperors Safety that is by God who is the Author of it 'T is certain the Christians were Souldiers under Heathen Emperors and yet they could not be listed without taking an Oath which was given to the Souldiers still even when the Emperors were become Christian only with some alteration in the form For then they swore By God and Christ and by the Holy Ghost By the Majesty of the Emperor which next to God is to be loved and honoured of all And Optatus who lived at the same time saith God is wont to be named by Men in swearing to consirm the Truth An ancient and genuine Synodical Epistle written from the Orthodox Bishops about Alexandria An. 339. declares That the Christian People there bound these Bishops by Oath to choose Athanasius for their Pastor and mentions Eusebius of Nicomedia accusing the said Athanasius and swearing to the Accusation And the same Holy Confessor Athanasius in his Apology to the Emperor clears himself by an Oath from those Slanders Theophronius a Christian Bishop begins his Confession of Faith in the Council of Antioch An. 341. with a solemn Oath Synesius likewise a Primitive Bishop being chosen Arbitrator in a certain Controversie makes one of the Parties who was of the Episcopal Order bind his Promise by an Oath S. Hierom relates the solemn Oaths wherewith John Patriarch of Jerusalem and Ruffinus did confirm their Assertions and though both these were his Adversaries and he bitterly inveighs against them for small Crimes yet he blames them not for Swearing and he also observes that S. Augustine swears to confirm an Assertion yet never checks him for it though he was then angry with him A whole Council of Bishops judging Sabatius unworthy of the Episcopal dignity made him swear never to accept it And the
THE NATURE and USEFULNESS OF Solemn Judicial SWEARING WITH THE IMPIETY and MISCHIEF OF Vain and False-SWEARING IN A SERMON Preached July 14 th 1681. IN THE Cathedral Church of S. PETER IN YORK At the ASSIZES for that County By THO. COMBER D. D. Prebendary of YORK And thou shalt Swear the Lord liveth in Truth in Judgment and in Righteousness Jerem. IV. 2. LONDON Printed by S. Roycroft for Robert Clavell and are to be Sold by Richard Lambert Bookseller in York 1682. HEBREWS VI. 16. For Men verily swear by the Greater and an Oath for confirmation is to them an end of all strife AS Almighty God is the Creator so he is also the Governour of all the World and hath an unquestionable right to rule over every Creature He was the Maker and is the Judge of all the Earth And though he doth not exercise this Power immediately because mortal Men cannot suffer the glories of his dazling and illustrious presence yet he ordains the Rulers of the World to be his Vice-gerents There is no Power but of God the Powers that be are ordained of God and he expects we should be subject to them for his and for Conscience sake since their Authority is of Divine Original which the Scripture intimates in calling Judges by the name of Gods a Title commonly given them by the Jews as also in declaring They judge not for Man but for the Lord whence one of the Ancient Fathers brings in Almighty God thus speaking to the Judges I have given you my Honour my Commission and my Name therefore do you Judge as I myself would do Yea it was Law and Custom both of old in this Nation as our own best Authors inform us To place the venerable Book of the holy Gospels before the Tribunal of Justice as an Emblem that they judged by his Authority But there is no clearer evidence of the Divine Original of Humane Judicatures than the solemn use of Oaths there Which are a plain recognizing God as the Supream Judge of all and an Appeal to the High Court of Heaven For though the Sovereign of the World do communicate his Authority to our Magistrates yet his Attribute of Omniscience is incommunicable they are capable of representing his Person but not able to discern the hearts and thoughts of others Wherefore since there is one part of God's Judicial Perfections that no mortal Judge can receive viz. the knowledge of Mens Thoughts a point so necessary that no infallible and certain Judgment can be given without it Therefore in all Controversies where the Parties make contrary affirmations there lies an Appeal to the greater and higher Judge that is to God the greatest of all which Appeal being in order to end the strife and to find out which of the contradicting Parties speaks true is called an Oath and here described by the Apostle when he saith For men verily swear by the greater c. And certainly this use of Oaths is very sacred and most necessary being a clear manifestation of God's glory an evident testimony of the Divine Original of the Magistrates Power and the great support of the administration of that Justice which is the Bond of all Societies But yet there are some so ignorant and absurd as to deny they are lawful others so stupid and inconsiderate to take them without reverence and swallow them as Common things yea too many so Impious to use them to gain credit to what they know to be false For the redress of which dangerous Errors and Impieties I suppose it will be a very seasonable and useful undertaking upon this Occasion to explain this piece of holy Scripture For men verily swear c. Wherein we will first consider the Apostles general design in this place which will prove the lawfulness of Taking Oaths in Judicial cases Secondly we will observe the several particulars contained in the words which represent to us 1. The nature of an Oath For men verily swear by the greater 2. The reason of an Oath viz. for Confirmation 3. The end and use of it in Judgment to be an end of all strife And since a Religious Oath is the foundation of all our Administrations of Justice the main hinge upon which all these Controversies turn the only security that the Reverend Judges the Jurors and the Witnesses do give that they will speak and act uprightly doubtless no Subject can be more suitable or advantagious for this time and place which therefore we will prosecute in our proposed Method First We consider the Apostles general design and the occasion of bringing in these words here And we may observe He is here perswading the Hebrews to imitate their Pious Ancestors in relying on the Truth of God exhorting them to be followers of them who by Faith and Patience inherited the Promises v. 12. adding that the Promise it self was worthy to be trusted because it had the highest and most solemn confirmation imaginable being secured by the Oath of God and that no common Oath neither Not such as the Poets feign the Heathen gods took whom Lactantius derides for their swearing by the Stygian Lake a thing meaner than themselves But as Sovereign Princes having no equal in their Kingdom whose witness can add any Authority to their solemn Acts conclude them with a Teste meipso and are witnesses to themselves so the King of Kings when he made the Promise to Abraham because he could swear by no greater sware by himself Ver. 13 14 15. Confirming his promise saith Philo by an Oath worthy of God and therefore he did not swear by any other because there was none greater nor better than he And lest any should object What need was there for the God of Truth to swear who is so far from being made more credible by an Oath as the same Philo notes that he only makes an Oath to be firm and as S. Ambrose speaks He alone is the Judge of them that Swear and the Avenger of them that Swear falsly Therefore the Apostle prevents that scruple in the words of the Text by declaring that an Oath was not necessary with respect to God who made the Promise but in compliance to Men who were to receive it in condescension to their infirmity He was content to imitate humane Customs and to give the same security for his own truth which men are wont to give for theirs For men verily swear by the greater c. that is This is the way saith our Apostle by which men confirm things uncertain this is the method they use to conclude 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 all doubtful Controversies where one affirms what the other denies the highest and best Means they have to end this strife which otherwise would not cease is to make the Parties swear by the Name of God And the Divine Majesty was pleased to take our measures in transacting his Covenant with us for he swear to
though no Man can disprove them the God of Truth sees their Hearts And therefore All Nations have used to enjoyn Men to call upon the All-seeing God to attest the Truth of what they say with a wish of destruction to Themselves if the Divine Majesty who knows their Thoughts do not allow their Words for Truth And because it may well be supposed none will dare to do this open Affront to the God of Heaven nor expose themselves to his Vengeance who will discover and can destroy them if they speak falsly Therefore an Oath is the most solemn Confirmation of what we affirm in doubtful Cases the readiest way to gain credit to our Words and the most Sacred security we can give for our Truth and Veracity Hence Philo calls it The firmest Pledge of our Fidelity and Diodorus Siculus The greatest assurance of Faith among Men. Our Ancestors saith Cicero esteemed no Bond so sure to bind us to be Faithful as an Oath the Law of the Twelve Tables shews this the Sacrifices and the Leagues by which we bind our selves to be true to our very Enemies shew it And this is the Reason why all the World hath used Oaths in Judicature to be as a Pledge and Security for the Truth of that Evidence given there upon which all Causes usually depend And though some might speak the Truth there without an Oath as many good Men would perform their Promise without a Bond yet the difficulty of discerning honest Men from Hypocrites makes this Caution necessary And all Witnesses in Judgment are required to use an Oath for Confirmation of what they say unless their peculiar Character give them such credibility as to exempt them on which ground Jupiters Priests of Old and the Christian Clergy in the Middle times as also the Nobility in Our days have been excused from Formal Oaths as I could easily prove But generally Oaths are thought so necessary in Judgment that in the Old Canons it is the same thing to set down the Days in which no Oaths shall be taken and to fix the Times when no Causes shall be Tried So that the first Original of our Non-Term and Vacation in Law Proceedings are derived from the Canons which prohibit the Vse of Oaths at those Times But to proceed Since an Oath is so Solemn a Confirmation of our Truth by calling God to Witness the Pythagoreans allowed none to Swear in Light matters especially not in a trifling Action for a small Debt and Clinias a Philosopher of that Sect chose rather to pay three Talents unjustly than to free himself by an Oath Which Example may justly shame many Christians who trouble our Courts and engage many to Swear on far less occasion Again the same Pythagoreans permitted none to Swear concerning Things contingent future and uncertain affirming it was neither fit nor safe to Swear in such Cases The Grecian Laws also admitted none to Swear what they heard by Hear-say only And the Ancient Germans suffered not an Oath to be taken but when there was no other way of finding out the Truth For since every Man that Swears pawns his Soul in Security for his Integrity this ought not to be required but in weighty Causes nor to be taken but on Sure grounds This is a Mans last Security for his Truth and if he once falsifie this none can ever Trust him after no Bond can hold him Which our Noble King Henry the First well knew when he generously refused the Popes base Offer to Absolve him from his Oath saying Who will ever trust another hereafter when they see by my Example an Absolution can make void the highest Bond of Faith Now from this account of the Reason of Taking an Oath to be for Confirmation we shall draw this Inference That it is a huge Folly and a great Impiety to use Oaths upon a slight occasion or in Common discourse where there can be no need of this high and Sacred confirmation of our Words by God's Name unless we have so ill behaved our selves that none can Trust us without Pawning our Souls for every thing we say yet by using this Religious and Sacred Confirmation to every Trifle we make our very Oaths so cheap and contemptible that we are Trusted the less and not the more for our Vain-Swearing But besides the Folly of this vile Custom it is a grievous Sin being the most express breach of the Third Commandement and the most profane way of Taking the Name of God in Vain and though Men may account this a small Fault in themselves or their Friend God who is to be our Judge will not hold them guiltless who commit it He will not clear them nor let it go unpunished He will certainly condemn them in the Last Judgment As the other Translation reads that dreadful place And as this Sin is condemned in the Old Law so this Swearing in our Communication is strictly forbidden above all things James V. 12. in the New Testament Yea the very Heathens condemn the Common using Gods Name and Hierocles very expresly saith We must not use an Oath frequently nor on ordinary Occasions nor for silling up our Discourse nor to confirm every Story we relate for by the Custom of Swearing often Men soon fall to Swear falsly which is the same with that of S. James lest we fall into Hypocrisie It is no doubt a horrid Impiety to make the Dreadful Name of GOD and his Terrible Attributes so cheap and vile as to bring them to Attest the most foolish false or filthy things which we vent in the Vainest Company and argues a Mind that either denies the Being of God or at least forgets his Power and besides that it is the most daring Abuse to Heaven it is also a high Affront to all the Publick Judicatories in the World since the highest Security that can be given for our Truth there the most Sacred Bond of Human Society the most Religious Pledge of a Mans Fidelity on which all our Lives and Fortunes may depend is by this bold Impiety rendred Mean and Contemptible prostituted to the Scorn of the Atheistical and Profane yea and made as Weak and unsecure as it is Common and despised A Sin without any Temptation to invite to it or any Excuse to be made for it having neither Honour Pleasure nor Profit in it unless we count it Reputation to Dishonour God Pleasure to play with Thunder or Profit to destroy those Immortal Souls of ours that are of more Value than a Thousand Worlds A Wickedness taken up only by Imitation and got by the cursed Society of the Debauched and Prosane and the continuance in it is the more unpardonable because it may easily and certainly be amended by a few serious Thoughts of God's Majesty by using the Company of Grave and Pious Men and either giving them the freedom to admonish us or imposing a small Penance on our selves for every