A37046:551
The law unsealed
The law unsealed: or, A practical exposition of the Ten Commandments With a resolution of several momentous questions and cases of conscience. By the learned, laborious, faithful servant of Jesus Christ, Mr. James Durham, late minister of the Gospel at Glasgow.
Glasgow: printed by Robert Sanders, 1676
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
For loosing from the obligation of an Oath which is lawful, there are these cases granted. 1. When it is contradicted by a Superior, having power in that very particular, as Numb. 31.
For loosing from the obligation of an Oath which is lawful, there are these cases granted. 1. When it is contradicted by a Superiour, having power in that very particular, as Numb. 31.
2. When the case materially altereth, as if one should swear to give such a man arms, who afterward turneth mad, or an Enemy; to give obedience to such a Commander, who afterwards becometh a private man, and ceaseth to be any more a Commander, because in such cases the relation upon which the duty and Oath is founded, ceaseth. 3. When the party sworn unto, relaxeth us: for though none can absolve from a Vow, yet in a promissory Oath, whereby some right accrueth to one from another, a man may dispense with his own right; as for instance, he may in whole, or in part, forgive and discharge such a sum of money that another by Oath has sworn to give him, which when he doth, in so far the Oath and its obligation is loosed; he having, as himself thinketh fit, accepted satisfaction for whole or part; but in Vows to God no man can dispense, He being party there. 4. When by some after and unforeseen intervening Emergent, the man is quite disabled from performing his Oath, as by sickness, plundering, &c. In that case, so far and so long as he is disabled, in so far and so long is he loosed; that condition being necessarily presupposed in giving the Oath at first, though the obligation to performance lieth still on him so far and so soon as he shall be able.
2. When the case materially altereth, as ifone should swear to give such a man arms, who afterward turneth mad, or an Enemy; to give obedience to such a Commander, who afterwards becometh a private man, and ceaseth to be any more a Commander, because in such cases the relation upon which the duty and Oath is founded, ceaseth. 3. When the party sworn unto, relaxeth us: for though none can absolve from a Vow, yet in a promissory Oath, whereby some right accrueth to one from another, a man may dispense with his own right; as for instance, he may in whole, or in part, forgive and discharge such a sum of money that another by Oath has sworn to give him, which when he doth, in so far the Oath and its obligation is loosed; he having, as himself thinketh fit, accepted satisfaction for whole or part; but in Vows to God no man can dispense, He being party there. 4. When by some after and unforeseen intervening Emergent, the man is quite disabled from performing his Oath, as by sickness, plundering, &c. In that case, so far and so long as he is disabled, in so far and so long is he loosed; that condition being necessarily presupposed in giving the Oath at first, though the obligation to performance lyeth still on him so far and so soon as he shall be able.