CHAPTER X.

Of an Oath.

1. THere be two manners of petition to be used upon occasion, which were brought in by reason of mans infirmity: an Oath, and a Lot.

2. But because these two manners are brought in upon such occasion, therefore they must not be usually frequented, but then only to be used where humane necessity requireth, and a waighty and just cause is in hand.

3. An Oath is a requesting of Gods Testimony to confirme the truth of our testimony. Heb. 6. 13. 16. Men

sweare by him who is the greater: and an Oath for confirmation is to them an end of all strife.

4. An Oath became necessary after the fall of man, because man by [gap] had lost both that credit which ought to be given to his simple testimony, and that also which he ought to have given to the testimony of others.

5. That infirmity of man in giving credit to the testimony of others, is so great that it was in a māner necessary for God himselfe also to demeane himselfe to confirme his testimonies by the forme of an Oath. He. 6. 13. 17. Which was more then needed in respect of Gods faithfulnesse, but not in respect of humane infirmity.

6. Yet God seeing he hath not any greater or superior Judge, Heb. 6. 13. He cannot properly sweare, but this is prescribed to him metaphorically: because all that perfection of confirmation which is found in the Oathes of men, doth most perfectly agree to those testimonies of God.

7. But Gods Testimony is worthily called upon to confirme truth: because he is the highest truth who can neither deceive nor be deceived, Heb. 6. 18. It cannot be that God should lie.

8. Hence in an Oath the worship of religion is given to God, as he is both acknowledged the Author of truth, and to be conscious of all our roughts, as to whose eyes those things are naked and open which are most secret to all Creatures, & the rewarder of truth & falshood, and who provides for all things by an admirable providence, as being the living God. Deut. 6. 13 Feare the Lord thy God, and worship him, and sweare by his name.

9. Hence we may not sweare by any Creature, but by God alone, who only is omniscient, the only law giver, and rewarder of those things which pertaine to conscience, and finally to be only religiously

worshipped. Mat. 5. 34. 35. & 23. 21. 22. Iames 5. 12.

10. Yet every thing considered in an Oath is not properly the worship of God, because it doth not directly tend to give honour to God: but to confirme the truth; but that request which is made in an Oath is worship, and in that respect to sweare by the true God, doth sometime in Scripture set forth true worship. Deut. 6. 13. Esay 48. 1. And an Oath it selfe is wont to be called worship.

11. In this requesting of the testimony of God, he who sweares doth make himselfe subject to Gods vengeance and curse, if he give false testimony, that is, if wittingly he deceive. Hence in every Oath there is implicitly or expresly an imprecation or cursing contained, Nehem. 10. 30. 2. Cor. 1. 23. Entred into a curse and an Oath. I call God to witnesse against my soule.

12. Hence is that forme of swearing, which is very frequent in the old Testament. So doe God to me, and more also in which words there is a generall or indefinite curse contained, that the way of inflicting the evill may be committed to God.

13. Therefore there is so great religion of an Oath that it may admit no equivocation or mentall reservation; which things may have their place in play or ligher Iesting, but cannot be used in the worship of God without great impiety. For this is nothing else but to mocke at GODS Iudgement.

14. Hence also there can no release, properly so called, commuting, or dispensation, and absolution from an Oath, come from man: although some oathes which were either unlawfull from the beginning, or afterward become so, may be by men pronounced to be void.

15. Because it is a testimony of a thing done, or to be done, therefore an Oath that confirmes a testimony

is distinguished into an assertory, and promissory Oath.

16. An assertory Oath is of a thing past, or present. 2. Cor. 1. 23. A promissory Oath under which a comminatory is contained, is of a thing to come. 1. Samuel 20. 12, 13, 14.

17. An assertory Oath, because it is of a thing already done, doth not bind to doe any thing, but doth only confirme the truth of the thing done.

18. But this assertion doth immediatly respect the judgement of him that sweareth, being grounded on those arguments which are wont to be called infallible, so as an Oath that agrees with such a judgement, is to be accounted for true, although it should differ from the thing it selfe: because it doth not respect the thing it selfe, but by meanes of such a judgement: whence also the Romans did use that most considerate word I thinke, even then when being sworne they spake those things which they were sure of.

19. A promissory Oath hath in it the force of an assertory Oath, as it tes[gap]ifieth a present firme intention of the mind, but it doth moreover bind to doe that which is declared to be intended.

20. But it binds so far only as one can bind himselfe, that is, to that which both Defacto & dejure in deed and in right, he may performe, and so must be alwayes of a thing lawfull and possible.

21. Such an Oath bindeth to the fulfilling of it, although the Oath was unlawfull in respect of the manner, or the thing promised bring dammage with it to him that promised. Ios. 9. 19. Ps. 15. 4.

22. But if the Oath be against the Commandements of God, it doth not bind: because an Oath ought not to be a bond of iniquity.

23. Yet an Oath made in some manner against the command of God doth sometime bind, as when the Iewes to whom freedome was promised, did sweare to

be subject to strangers into whose power they came.

24. A promissory Oath whereby something is promised to man only for his sake, doth cease to bind, if he to whom the promise is made, doth either remit or take away that fou[gap]dation whereupon it was grounded.

25. An Oath is lawfull and honest for Christians. 1. Because it is of the Law of nature, or morall Law which is not abrogated. 2. Because it pertaines to Gods honour, and Charity to our neighbour. 3. Because there are commendable examples of Oathes used even in the new. Testament. 2. Cor. 1. 23. Rev. 6. 10.

26. Christ in the fifth of Matthew doth not condemne every Oath, but such as are rash, indirect, and made by the Creatures.

27. Iames Chap. 5. Ver. 12. Doth condemne the same abuse of an Oath, and not all swearing, whereby his repeating the words of Christ he doth manifestly shew, that those words of Christ sweare not at all, doe make one sentence with those that follow; neither by Heaven, &c. And so are to be understood as joyned together, not divided asunder.

28. Amen, Amen is not a forme of swearing, but only of a grave asseveration. Those words, Hebr. 6. 14. Surely blessing I will blesse thee, doe not containe the forme, but the matter only of that Oath which is, Gen. 22. 16. 17. neither doth the word, Amen, appeare there, either in the Greeke or Hebrew, as some have rashly imagined.

29. The words of an Oath are to be interpreted in the Court of conscience, according to the meaning of him that swore, if he dealt simply and candidly: if not, then according to his meaning, whom he would deceive, or to whom he sware. But in the outward Court the words of them that sweare, are to bee taken as they are commonly understood.

30. A perjured man is not to speake properly, but

such an one, that either sweares against his conscience or witt[gap]ngly and willingly departs from that which he did lawfully sweare.

31. Faith that is confirmed by a lawfull Oath, is to be kept, the same circumstances remaining, even to enemies, theeves, and Pirates: for if the respect of the persons doth not make the Oath unlawfull: it cannot make it of no force.

32. An Oath that is extorted by feare, doth not cease to bind in that respect: because those acts which are said to be extorted from a man by feare, if they proceed from counsell, they are simply voluntary, although not absolutly Spontaneous, or of good will.

33. They that doe not use reason so as they cannot understand the nature of an Oath, are not capable of an Oath.

34. To require an Oath of him who will sweare by false Gods, is not of it selfe a sin. Gen. 31. 53.

35. An Oath of a Christian ma[gap] given concerning his innocency, which cannot be reprehended by any certaine arguments, ought to put an end to controversies pertaining thereto. Exod. 22. 11. Heb. 6. 16.

36. A simple Oath made only in words binds as the most solemne Oath.

37. That solemnity which is used in some places in touching and kissing a booke, is altogether of the same sort with the lifting up or stretching forth of the hand, that is, it signifies a consent to sweare, and to the Oath it selfe.

38. The putting of the hand under the thigh of him that required an Oath, Gen. 24. 2. was not for any mysticall significatiō of Christ, but for a signe of subjectiō.

39. Adjuring is (to speake properly) that whereby one doth draw another either to sweare, Gen. 24. 8. Or to that rel[gap]gion which is in an Oath. Numb. 5. 21. Matthew. 26. 63. 1. Thess. 5. 27.

40. Therefore it doth most properly pertaine to those who have power to require an Oath of others, although in a certaine proportion it is also extended to that religious obtestation, which inferiors sometime use towards their superiors, and equalls among themselves.

41. To adjure the Devills, is to exercise command over them, and so it is not lawfull for any to exercise adjuration toward them, unlesse he have received speciall power from God to that purpose.

42. Those exorcismes which were used before Baptisme even in the time of the Fathers, were superstitious.

43. The adjurings, or exorcisings of things without life, and consecrations of them to supernaturall operations and uses, such as the Papists use in their holy Water, Temples, Bells and the like, are superstitious inchantments.

44. The adjuring of a man to accuse himselfe for any crime objected (which is used in that Oath which is called the Oath of Inquisition or Ex [gap]fficio) hath neither ground in the Scriptures, and is against the law of nature.

45. Neither is an indefinite adjuring to answer to all such things, as shall be demanded simply to be admitted.