A37049:561
A37049:561
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.
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.
The first sort of Perjury is: When one upon Oath asserteth as a Truth, that which he knoweth is not a Truth, or doubteth of it; or is mistaken in it, through his own negligence, not being certain that it is as he sayeth, whether he affirm or deny: Thus Naboths false Witnesses were guilty; and many other Instances may be adduced.
The Second is: When one promiseth some-thing, which he mindeth not to perform, and confirmeth that with an Oath; he is no doubt •er •ured, because there is not a correspondent verity betwixt his Oath and his Purpose.
The Third is: When men promise and intend for the Time to perform; yet, upon no just Ground, fail afterwards in performing what they have sworn. This is Perjury, because there is not Truth in fulfilling the thing sworn, according to the Oath. These are direct Perjuries.
More largely again, a man may be said to forswear himself. 1. When he sweareth to perform a thing, which is simply, impossibly; especially while he knoweth it to be so: For as the former is not a swearing in Judgement and Truth; so this is a profane and wicked swearing, against Light and Judgement, of a manifest Lye and Falsehood: So that betwixt his Promise to perform such a thing, and the performance, there is implied a Contradiction▪ As for one to swear, to be to Morrow at Rome, who is to day at Glasgow; the very swearing is forswearing. 2. When one sweareth an Unlawful or Wicked thing, or confirmeth it with an Oath; like those Forty that swore to kill Paul; especially if that oath be contrary to some Duty which lieth formerly by Oath on the Person swearing: For, that is ⟨p. 135⟩not to swear in Righteousness and Justic •: Beside, that it draweth on a necessity, either of breaking that Oath, and so of being perjured, or of going on to fulfil it; and so of being doubly perjured▪ 3. Men are Forsworn and Perjured, when they fulfil a Wicked Oath; as Herod did, Mat. 14▪ in beheading John the Baptist; for, though he seemed not to over-turn, and make void his own Oath, but to keep it: Yet this (as also the former) over turneth and maketh void, the Scope and Nature of an Oath in General, and is a plain Contradiction to it, and maketh an Oath, which should be Vinculu • Aequitatis, a Bond of Equity: (there being Nulla Obligatio, But ad Officium, no Obligation but to Duty,) to be Vinculum Iniquitatis, a Bond of Iniquity: And so thwarteth with the very end wherefore such Oath's are appointed; In which respect David did better in not Executing his Rash Oath, but keeping the General Scope of all Oaths, when he refused not to hearken to Abigail's Counsel, even to the Non-performance of what he had sworn.
More largely again, a man may be said to forswear himself. 1. When he sweareth to perform a thing, which is simply, impossibly; especially while he knoweth it to be so: For as the former is not a swearing in Judgement and Truth; so this is a prophane and wicked swearing, against Light and Judgement, of a manifest Lye and Falshood: So that betwixt his Promise to perform such a thing, and the performance, there is implyed a Contradiction As for one to swear, to be to Morrow at Rome, who is to day at Glasgow; the very swearing is forswearing. 2. When one sweareth an Unlawful or Wicked thing, or confirmeth it with an Oath; like those Forty that swore to kill Paul; especially if that oath be contrary to some Duty which lyeth formerly by Oath on the Person swearing: For, that is
It may be Questioned here, Whether one man may be accessary to another's Perjury, if he constrain him to swear, of whom he hath a suspicion that he will forswear?
It may be Questioned here, Whether one man may be accessary to anothers Perjury, if he constrain him to swear, of whom he hath a suspition that he will forswear?
Answ. Distinguish 1. The matter in which, if it be of Grave Concernment, or of little Moment. 2, Distinguish, betwixt the Publicness and Privacy of it. 3. Distinguish betwixt Parties; as betwixt a Judge, who is to decide, and a Party that is the Pursuer.
Answ. Distinguish 1. The matter in which, if it be of Grave Concernment, or of little Moment. 2, Distinguish, betwixt the Publickness and Privacy of it. 3. Distinguish betwixt Parties; as betwixt a Judge, who is to decide, and a Party that is the Pursuer.
We say then. 1. A Party pursuing, in a Particular of his own Concernment; especially if it be of no great Concernment; may, Yea, should forbear pressing such a Person to swear, both for sparing the Party, and for respect to the Name of God; since he can hardly, in this Case, be very hopeful to gain by it.
2. We say, (notwithstanding in some Cases,) that the Judg may admit such to swear, especially in Public Scandals. 1. Because none can certainly know, but God may constrain them to swear Truth. 2. Because it is his way, left to decide all Controversies; and a Judge cannot eschew it, when it lieth on him to put a close to such a Controversy, at which he cannot win by any other means; though great Prudence is to be used in proceeding ⟨p. 136⟩in such a case, especially it being of that Nature as is in Scripture appointed to be decided by Oath, as Exod. 22.17.
2. We say, (notwithstanding in some Cases,) that the Judg may admit such to swear, especially in Publick Scandals. 1. Because none can certainly know, but God may constrain them to swear Truth. 2. Because it is his way, left to decide all Controversies; and a Judge cannot eschew it, when it lyeth on him to put a close to such a Controversie, at which he cannot win by any other means; though great Prudence is to be used in proceeding ⟨p. 136⟩in such a case, especially it being of that Nature as is in Scripture appointed to be decided by Oath, as Exod. 22.17.
The great question is concerning a promissory Oath, if in any case it may be made void, and cease to oblige, or, in what cases that may be?
That every Oath bindeth not according to the Letter, we suppose needeth no reasons to clear and confirm it: There are two ways in general how the obligation of an Oath promissory ceaseth. 1. When the Oath it self is null, and never had any obligation. 2. When by some other thing intervening, there is a loosing from the obligation which the Oath once had.
That it may be clear that, notwithstanding of this, Oaths are of a most strict Obligation, having the great and dreadful Name of God interposed in them; and that many things, what-ever weight be laid on them by men that way, do not loose from it, such as these following which we shall put by, in the first place.
That it may be clear that, notwithstanding of this, Oaths are of a most strict Obligation, having the great and dreadful Name of God interposed in them; and that many things, what-ever weight be layed on them by men that way, do not loose from it, such as these following which we shall put by, in the first place.