and no difference can possibly be here discerned, but that the one is a threatening God with a greater evil, the other with a less. However this is their common Doctrine, ⟨p. 219⟩Assertio posita communis est. They give as much liberty for fraudulent Oaths, whereby God and man are abused; to swear with equivocation or mental restriction, so as those to whom Oath is made, are deluded, is with them, in many cases, not so bad as a venial Evil; of which in due place. To take an Oath outwardly, (f)without an intent to swear, is but a small fault, though it seem a mocking of the Divine Majesty, and is cross to the end of an Oath; if it be unduly required. So they determine also in case one swear without an intention to oblige himself. Angelus enquires, whether he sins, who takes an Oath, with a mind not to be obliged; he tells us, (g)Panormitan affirms, that if he be a perfectionist (id est, a Votary) who so swears, he sins venially, otherwise not: but himself says, Whether he be perfect or imperfect, he sins not so much as venially, and proves it by their Law. He takes an Oath, which in its own nature obligeth, without an intention to be obliged; he calls God to witness when he is deluding men; he abuses the Name and Authority of God, for a cheat; and yet offends but venially whoever he be, says one; and sins not at all, says another: but then he explains it, (h)Understand this when in swearing, he had a mind to use an Oath, for reverence to God, but not for obliging himself. So that must be for reverence to God, which mocks him; and he must be invocated, in a way that is most obliging, without any intent to be obliged. And further to prevent falseness (where there is nothing but fraud) he must swear, with a mental reservation. For example, I (i)promise thee an hundred (pound), with this inward ⟨p. 220⟩reserve, not expressed: If I be bound to pay it for such concealments, says he, are lawful, and quotes their Church-Law for it, as allowing that, which all other Laws of God, or honest men condemn. 'Tis plain by the Premisses that their Doctrine encourages the Roman Catholics to venture upon all sorts of Oaths, in many cases, whether they be rash or injurious, or fraudulent, or false; as slight and trivial faults. No more do they make of perjury, though it be frequent and customary.
and no difference can possibly be here discerned, but that the one is a threatning God with a greater evil, the other with a less. However this is their common Doctrine, ⟨p. 219⟩Assertio posita communis est. They give as much liberty for fraudulent Oaths, whereby God and man are abused; to swear with equivocation or mental restriction, so as those to whom Oath is made, are deluded, is with them, in many cases, not so bad as a venial Evil; of which in due place. To take an Oath outwardly, (f)without an intent to swear, is but a small fault, though it seem a mocking of the Divine Majesty, and is cross to the end of an Oath; if it be unduly required. So they determine also in case one swear without an intention to oblige himself. Angelus enquires, whether he sins, who takes an Oath, with a mind not to be obliged; he tells us, (g)Panormitan affirms, that if he be a perfectionist (id est, a Votary) who so swears, he sins venially, otherwise not: but himself says, Whether he be perfect or imperfect, he sins not so much as venially, and proves it by their Law. He takes an Oath, which in its own nature obligeth, without an intention to be obliged; he calls God to witness when he is deluding men; he abuses the Name and Authority of God, for a cheat; and yet offends but venially whoever he be, says one; and sins not at all, says another: but then he explains it, (h)Ʋnderstand this when in swearing, he had a mind to use an Oath, for reverence to God, but not for obliging himself. So that must be for reverence to God, which mocks him; and he must be invocated, in a way that is most obliging, without any intent to be obliged. And further to prevent falseness (where there is nothing but fraud) he must swear, with a mental reservation. For example, I (i)promise thee an hundred (pound), with this inward ⟨p. 220⟩reserve, not expressed: If I be bound to pay it for such concealments, says he, are lawful, and quotes their Church-Law for it, as allowing that, which all other Laws of God, or honest men condemn. 'Tis plain by the Premisses that their Doctrine encourages the Roman Catholicks to venture upon all sorts of Oaths, in many cases, whether they be rash or injurious, or fraudulent, or false; as slight and trivial faults. No more do they make of perjury, though it be frequent and customary.
- (f)Sotus in Suar. ibid. c. 17. n. 6. quando juramentum i•just• exigitur, vel qu•ties, voluntarie, & sine obligation, & sine alio nocumento vel injuria tertii, non esse mortale, Soto tenet, et multi sequuntur. Juramentum simulatum, etiamsi promissorium sit, intrinsece non continet perjurium, non grave peccatum; si absque injustitia et ex honesta causa fiat.—Conclusio est communis. Angelus. Navarre. Lud. Lopez in Suar. ibid. n. 12.Sotus in Suar. ibid. c. 17. n. 6. quando juramentum i•just• exigitur, vel qu•ties, voluntarie, & sine obligatione, & sine alio nocumento vel injuria tertii, non esse mortale, Soto tenet, et multi sequuntur. Juramentum simulatum, etiamsi promissorium sit, intrinsece non continet perjurium, non grave peccatum; si absque injustitia et ex honesta causa fiat.—Conclusio est communis. Angelus. Navar. Lud. Lopez in Suar. ibid. n. 12.
- (g)Dicit Panormitan. quod, si est homo perfectus peccavit venialiter; sed ego dico, quod nec perfectus nec imperfectus peccaverit etiam venialiter. sum. v. jurament. 5. n. 9.
- (h)Intellige hoc quum j•ando habet animum solum ind•cendi juramentum ad reverentiam dei, non ad obligationem suam. ibid.
- (i)Et in meant habuit aliquam circumstantiam debitant quâ verum jurabat; puta promitto quod dabo tibi centum, cum ista subauditione, scil. si sum tibi obligatus ex debito: licet hoc non exprimat ut hujusmodi, quoniam sic utitur silatione licitâ quod licet, ut in c. utilem 22. q. 2. ibid.Et in mente habuit aliquam circumstantiam debitant quâ verum jurabat; puta promitto quod dabo tibi centum, cum ista subauditione, scil. si sum tibi obligatus ex debito: licet hoc non exprimat ut hujusmodi, quoniam sic utitur silatione licitâ quod licet, ut in c. utilem 22. q. 2. ibid.
