In judgement, for fear of rashness. Jerem. 4.2. Thou shalt swear, the Lord liveth, in truth, in judgement, and righteousness. Esa. 48. 1. Which swear by the name of the Lord, and make mention of the God of Israel, but not in truth nor in righteousness, &c. Therefore the oath of drunken, furious, and frantic men, also oaths of children, they do not impose an observation of them, but by law are no oaths.
III. The end, namely to confirm some necessary truth in question. Hebr. 6. 16. Men swear by him that is greater then themselves: and an oath for confirmation, is among them an end of all strife. I call that a necessary truth, when some doubt, which must necessarily be decided, can none other way be determined then by an oath: as when Gods glory, our neighbours body or goods, or the credit of the party for whom the oath is ministered, are necessarily called into question. Rom. 1.9. God is my witness (whom I serve in my spirit in the Gospel of his Son) that without ceasing I make mention of you. 2. Cor. 1. 23. I call God for a record into my soul, that to spare you, I came not as yet unto Corinth.
IV. The divers kinds or sorts of oaths. An oath is public, or private.
Public, when the Magistrate, without any peril to him that sweareth, doth upon just cause exact a testimony together with an oath.
A private oath is, which two or more take privately. This, so that it be sparingly, and warily used, is lawful. For if in serious affairs, and matters of great importance, it be lawful in private to admit God as a Judge, why should he not as well be called to witness? Again, the examples of holy men show the practise of private oaths, as not unlawful. Jacob and Laban confirmed their covenant one with an other by private oath: the like did Boaz in his contract with Ruth.
To this place may be added an asseveration, the which albeit it be like an oath, yet indeed is none: and is nothing else, but a constant assertion of our mind, intersetting sometimes the name of a creature. Such was Christs assertion, Verily, verily, I say unto you. And Pauls, I call God to record in my spirit. Where is both an oath & an asseveration. 1. Cor. 15.31. By your rejoicing which I have in Jesus Christ, I die daily. 1. Sam. 20.3. Indeed, as the Lord liveth, and as ⟨p. 60⟩my soul liveth, there is but a step between me and death.
In iudgement, for feare of rashnes. Ierem. 4.2. Thou shalt sweare, the Lord liueth, in truth, in iudgement, and righteousnes. Esa. 48. 1. Which sweare by the name of the Lord, and make mention of the God of Israel, but not in truth nor in righteousnes, &c. Therefore the oth of drunken, furious, and franticke men, also othes of children, they doe not impose an obseruation of them, but by law are no othes.
III. The ende, namely to confirme some necessarie truth in question. Hebr. 6. 16. Men sweare by him that is greater then themselues: and an oth for confirmation, is among them an end of all strife. I call that a necessarie truth, when some doubt, which must necessarily be decided, can none other way be determined then by an oth: as when Gods glorie, our neighbours bodie or goods, or the credit of the partie for whom the oth is ministred, are necessarily called into question. Rom. 1.9. God is my witnes (whom I serue in my spirit in the Gospel of his Sonne) that without ceasing I make mention of you. 2. Cor. 1. 23. I call God for a record into my soule, that to spare you, I came not as yet vnto Corinth.
IV. The diuers kinds or sorts of othes. An oth is publike, or priuate.
Publike, when the Magistrate, without any peril to him that sweareth, doth vpon iust cause exact a testimonie together with an oth.
A priuate oth is, which two or more take priuately. This, so that it be sparingly, and warily vsed, is lawfull. For if in serious affaires, and matters of great importance, it be lawfull in priuate to admit God as a Iudge, why should he not as well be called to witnesse? Againe, the examples of holy men shew the practise of priuate othes, as not vnlawfull. Iacob and Laban confirmed their couenant one with an other by priuate oth: the like did Booz in his contract with Ruth.
To this place may be added an asseueration, the which albeit it be like an oth, yet indeede is none: and is nothing else, but a constant assertion of our mind, intersetting sometimes the name of a creature. Such was Christs assertion, Verely, verely, I say vnto you. And Pauls, I call God to record in my spirit. Where is both an oth & an asseueration. 1. Cor. 15.31. By your reioycing which I haue in Iesus Christ, I die daily. 1. Sam. 20.3. Indeede, as the Lord liueth, and as ⟨p. 60⟩