A37049:550
A37049:550
London: printed for Dorman Newman, 1675
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.
Concerning Promissory Oaths; we may enquire. 1. Concerning the making of them. 2. Concerning the Obligation of them; That a Man may make such Oaths tying himself to some things in which he was before free; is without all Controversy, and clear in the Scripture. Concerning such •aths, it may be enquired. 1. In what Matter. 2. On what Occasions. 3. With what Conditions, they may be engaged in.
Concerning Promissory Oaths; we may enquire. 1. Concerning the making of them. 2. Concerning the Obligation of them; That a Man may make such Oaths tying himself to some things in which he was before free; is without all Controversie, and clear in the Scripture. Concerning such •aths, it may be enquired. 1. In what Matter. 2. On what Occasions. 3. With what Conditions, they may be engaged in.
And
1. For the matter of them; they may be in three Sorts of Matter. 1. In such matter as is Morally necessary, as the ⟨p. 132⟩Fearing, Serving, Worshipping the true God, &c. So was Jacob's Oath and Vow, •en. 28.20, 21. That the Lord should be his God. And many of the Covenants mentioned in the Old-Testament; and Davids swearing, Psal. 119.106. To keep Gods Statutes.
1. For the matter of them; they may be in three Sorts of Matter. 1. In such matter as is Morally necessary, as the ⟨p. 132⟩Fearing, Serving, Worshipping the true God, &c. So was Jaecobs Oath and Vow, •en. 28.20, 21. That the Lord should be his God. And many of the Covenants mentioned in the Old-Testament; and Davids swearing, Psal. 119.106. To keep Gods Statutes.
2. There is a Civil lawful good Matter; such as Duties to Superiors, or to make some Obligation we owe to others forthcoming; or to return and requite such a Particular good Turn to one. Such are Oaths of Allegiance to Lawful Superiors: Such did the Spies swear to Rachab […] • 12, &c. And David to Jonathan: and that these are Lawful, having ••e Qualifications, cannot […].
2. There is a Civil lawful good Matter; such as Duties to Superiours, or to make some Obligation we owe to others forthcoming; or to return and requite such a Particular good Turn to one. Such are Oaths of Allegiance to Lawful Superiours: Such did the Spyes swear to Rachab 〈…〉 • 12, &c. And David to Jonathan: and that these are Lawful, having ••e Qualifications, cannot 〈…〉.
3. There are somethings indifferent; as Eating, or abstaining from such and such Meats or Drinks, or on such and such days: and although the thing be not simply unlawful, yet Oaths therein would be engaged in, with much Prudence, on such Grounds, and with such Qualifications and Conditions, as may •ake it appear, the Swearer is not using the Name of God unnecessarily, and that he cannot otherwise gain his Point: Nor Superstitiously to make it appear, that he doth not bring his Conscience under a Yoke of Will-Worship. One of which ways ordinarily men fail, in these Oaths; and so they are neither to Gods Honour, nor others good: and therefore such Oaths are either rarely to be engaged in, or not at all.
3. There are somethings indifferent; as Eating, or abstaining from such and such Meats or Drinks, or on such and such days: and although the thing be not simply unlawful, yet Oaths therein would be engaged in, with much Prudence, on such Grounds, and with such Qualifications and Conditions, as may •ake it appear, the Swearer is not using the Name of God unnecessarily, and that he cannot otherwise gain his Point: Nor Superstitiously to make it appear, that he doth not bring his Conscience under a Yoak of Will-Worship. One of which wayes ordinarily men fail, in these Oaths; and so they are neither to Gods Honour, nor others good: and therefore such Oaths are either rarely to be ingaged in, or not at all.
Next, such Oaths as to the occasions of parties engaging in them, may be divided into these three.
Next, such Oaths as to the occasions of parties ingaging in them, may be divided into these three.
The
1 is, When we engage in Public Oaths and Promises solemnly, when Authority calleth us to it.
1 is, When we ingage in Publick Oaths and Promises solemnly, when Authority calleth us to it.
2. When the Edification or Satisfaction of another, in private calleth for it. There are sometimes when a Christian may be, Yea, is called to it, for gaining Credit to something, (that the other is called to believe) to interpose reverently the Oath of God, as Jacob did to Laban.
3. One in secret may thus engage himself to God, in Lawful and necessary things; As David, I have sworn, that I will keep thy Righteous Judgments.
3. One in secret may thus ingage himself to God, in Lawful and necessary things; As David, I have sworn, that I will keep thy Righteous Judgments.
Yet in the Third place, all these Oaths, would still be with these Qualifications, mentioned Jer. 4.2. First, in Truth, ⟨p. 133⟩namely, the twofold Truth before mentioned. 2. In Judgment, that is, with Knowledge & Deliberation minding & understanding what it is we swear. 3. With Righteousness or Justice, that is, That it be in things, that are according to the Law of Equity, as well as Piety, neither wronging God, nor others by our Oaths; for Oaths are in themselves still, Vincula aequitatis, and not Iniqui •a •is: Bonds of Equity and Justice, and not of Iniquity and Injustice.
Yet in the Third place, all these Oaths, would still be with these Qualifications, mentioned Jer. 4.2. First, in Truth, ⟨p. 133⟩namely, the twofold Truth before mentioned. 2. In Judgment, that is, with Knowledge & Deliberation minding & understanding what it is we swear. 3. With Righteousness or Justice, that is, That it be in things, that are acording to the Law of Equity, as well as Piety, neither wronging God, nor others by our Oaths; for Oaths are in themselves still, Vincula aequitatis, and not Iniqui •a •is: Bonds of Equity and Justice, and not of Iniquity and Injustice.
There are also to be observed these Tacit or Express Conditions in all Promissory Oaths, (and sometimes it is fit to express them, and sometimes not;) If God will, and if nothing intervene to hinder, Jam. 4. If I live, & Health permit. As much as in them lieth, they shall aim at it, if some Impossibility intervene not. 3. So far as the fulfilling of this, shall be Lawful; for it can only tie to Lawful things, and Lawful means and courses; and this is especially to be understood of Indefinite Oaths. 4. While things stand so; but if the Case alter Essentially, and men turn Enemies to the Kingdom or Common-wealth, to whom we were by Oath obliged, to give or sell some-what that we know would be made use of, to the Probable ruin or hazard thereof; then it's not in our power, Salvâ potestate superioris.
There are also to be observed these Tacite or Express Conditions in all Promissory Oaths, (and sometimes it is fit to express them, and sometimes not;) If God will, and if nothing intervene to hinder, Jam. 4. If I live, & Health permit. As much as in them lyeth, they shall aim at it, if some Impossibility intervene not. 3. So far as the fulfilling of this, shall be Lawful; for it can only tye to Lawful things, and Lawful means and courses; and this is especially to be understood of Indefinite Oaths. 4. While things stand so; but if the Case alter Essentially, and men turn Enemies to the Kingdome or Common-wealth, to whom we were by Oath obliged, to give or sell some-what that we know would be made use of, to the Probable ruin or hazard thereof; then it's not in our power, Salvâ potestate superioris.
It may be asked, How we shall judge of Indefinite Oaths; such as Soldiers give to their Officers, to be obedient to them; or of Oaths in things which are indistinct, and the matter not obvious, as Oaths in Colleges, Incorporations, Towns, &c. Where the things sworn are Complex.
It may be asked, How we shall judge of Indefinite Oaths; such as Souldiers give to their Officers, to be obedient to them; or of Oaths in things which are indistinct, and the matter not obvious, as Oaths in Colledges, Incorporations, Towns, &c. Where the things sworne are Complex.
Answ. These cannot altogether be Condemned. 1. Because though a man have not, yea cannot have, a particular and distinct knowledge of all Particulars; yet •he understandeth such Oaths, as binding to all necessary and lawful things, as the General Condition requireth. 2. Because he taketh the Oath for the end, and in the sense, that it is Commonly taken, which bindeth in the Essential things, pertaining to the being of that Incorporation, but taketh not in, every particular strictly.
By what is said, then; We may, 1. Condemn Oaths in Trivial things, as Oaths in Complements; when men swear ⟨p. 134⟩they will not go one before an other. That men are welcome to their Houses: That they will not let them go so soon: That they shall drink so much, though it may not be to Excess: That they shall return some petty thing they have borrowed, and the like. 2. Rash Promises, such as are hastily and unadvisedly or doubtingly made. But ere we come to Particulars; let us consider what is condemned as Perjury, which is the Highest Degree.
By what is said, then; We may, 1. Condemn Oaths in Trivial things, as Oaths in Complements; when men swear ⟨p. 134⟩they will not go one before an other. That men are wellcome to their Houses: That they will not let them go so soon: That they shall drink so much, though it may not be to Excess: That they shall return some petty thing they have borrowed, and the like. 2. Rash Promises, such as are hastily and unadvisedly or doubtingly made. But ere we come to Particulars; let us consider what is condemned as Perjury, which is the Highest Degree.
There are these several sorts of Perjury mentioned; some whereof are more direct and immediate; some more mediate and indirect.