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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