A37049:579
A practical exposition of the X. Commandments with a resolution of several momentous questions…A practical exposition of the X. Commandements with a resolution of several momentous questions…
A practical exposition of the X. Commandments with a resolution of several momentous questions and cases of conscience.A practical exposition of the X. Commandements with a resolution of several momentous questions and cases of conscience.
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.
for thereby the prior or former Oath is not made null, but the posterior or latter is made null by the former, for juramentum non derogat juri alieno, because God is party, and we cannot reverse an obligation to him which He or other hath by a prior right and tie.
for thereby the prior or former Oath is not made null, but the posterior or latter is made null by the former, for juramentum non derogat juri alieno, because God is party, and we cannot reverse an obligation to him which Hee or other hath by a prior right and tye.
But they are null and of no force, 1. When the thing sworn is sinful and unlawful in it self, because there is nullum vinculum iniquitatis, there is not, neither can there be, any obligation to Iniquity. 2. When it is unlawful to him that sweareth, as suppose one would swear to do that which were incumbent for a Magistrate or Minister, he himself being but a mere private person, and it no ways belonging to his station; it tieth him indeed to endeavour by all suitable means the effecting of the thing by them, but not to do it himself, for it altereth not stations. 3. When the thing is simply impossible, Oaths cannot bind, in that case. 4. When the Oath is engaged in by any, in whose power the thing sworn is not, as by Children, Wives, Servants, or Subjects, in such things wherein they are subject to others, and of which they are not Masters; it tieth them only to endeavour it with their approbation or permission, see Numb. 31. 5. When the deceit is not in circumstantials, but in essentials; as, suppose one should swear to such another person to pay him such a debt, or to give such and such obedience, thinking him to be the very person to whom he oweth these ⟨p. 139⟩things, who yet is not the person we suppose him to be; the ground of the Oath is null, and its obligation accordingly ceaseth, as when Jacob was deceived by his getting Leah first for Rachel, because such an Oath wrongeth another, to whom that which is sworn is due, and supposeth the condition of being due. 6. When the Oath is impeditive of a greater good, or of a moral duty; as suppose a man had sworn not to go to such a place, nor to speak to such a person, nor to eat such meat; that Oath (being at first rash, and without judgment) if duty and necessity call him to the contrary of what he hath sworn, bindeth not, because a moral command may require him to go thither to take on such a charge there, or to speak to that person for his edification, &c. yet this would be tenderly applied, and with great circumspection. 7 When the Oath is interposed to oblige to the performance of some thing which hath a tendency to an ill end; as for instance, if a Man should swear to meet with a Woman for committing filthiness, to give arms for helping to oppose an innocent, or any such like thing; for though coming to such a place, or giving such arms may be lawful, yet as so circumstantial;