Question. I. Whether doeth an oath binde conscience if by the keeping of it there followe losses and hinderances? Answ. If it be of a thing that is lawfull, and the domages be priuate to him that sweareth, then doth it bind conscience. For example: A man makes a purchase of lande at the sea side: his bargaine is confirmed only by oath: and it falles out that before he doe enter possession, the sea breakes in and drownes a part of that purchase. Now he is in conscience to stand to his bargaine, because the thing is lawfull, & the domage is priuate, & great reuerence must be had of the name of God which hath bin used in the bargaine making. Dauid makes it the property of a good man, to sweare to his owne hinderance and not to change, Psal. 15. v. 4.

Question. II. Whether the oath which a man hath taken, being induced thereto by fraud and guile, doeth bind conscience. Answ. If it be still of a thing lawfull, and bring nothing but priuate losses, it is to be kept. When the Gibe [gap]ites had by a fraud brought Iosua to make a league with them, and to binde it with an oath, hee and the princes of the people answer them thus, Wee have sworne vnto them by the Lord[gap] God of Israel, now therefore wee may not touch them. Ios. 9. 19. And 300. yeres after, when

Saul slewe certaine of the Gib[gap]onites against this othe, the plague of [gap] [gap] was upon the people of Israel three yeeres, and was not staied till certaine persons of Sauls family for a recompence were put to death, 2. Sam. 21. v. 7.

Question. III. Whether an oath made by feare or compulsion bind in conscience. For example. A thiefe disappointed of the bo[gap]y [gap] he looked for, bindes the true man by solemne oath upon paine of present death to fetch and deliuer vnto him some portion of mony at one 100 or 200 crownes for the redeeming of his life. Well, the oath is taken, and the question is, whether it bind him or not to perform his promise. An answer may be this: some protestant diuines thinke it doth bind: some againe thinke no: but I take it the safest course to bolde the meane betweene both, on this manner. The oth seemes to bind, and is to be perfourmed: neither is it against the good of the comon-wealth ([gap] then it were unlawfull) but it is rather a furtherance in that a member therof is preserued: and the losses which follow are only priuate to the man, rather to be endured then the losse of life. Yet that a remedy may be had of this priuate iniury, & that a publike mischiefe may be preuented, the party is to reueale the matter to the magistrate, whose office it is to punish robbers and to order all things according to equity for the

comon good. But if the case fall out, that the ma through exceeding feare doe further sweare to keep silence, I see not how his oth may be kept, except he be sure that nothing will ensue therof, but a pri[gap] domage to himself. For otherwise perpetu[gap] [gap]ence seemes to be a secrete consenting to the robber, & an occasion that others fall into the like danger and hazard of their liues.

Ag[gap]ne, in six cases an oth binds not conscience at all. I. If it be made of a thing that is flat against the word of God For all the power of binding which it hath is by the word of god: & therfore whe it is against Gods will, it hath no power to constraine. And it is an old receiued rule, that an oth must not be a bonde of iniquity. Hereupon Dauid when he had made a rash oth to kill Nabal & [gap] his houshold, reioyced when he had an occasion offered by Abigail to break the same, 1. Sam. 25. 32. And though he sware to Shemi, that he would saue his life, 2. Sam. 19. 23. yet afterward upon better consideration (as it may seem) he commanded his son Salomon to put him to death, as one that had long agoe deserued the same. 1. King. 2. 9. And Herod was far deceiued, that thought he was bound by his oth to giue to the dasell Iohn Baptists head in a platter. Mat. 14. 7. II. Is it be against the good and wholesome lawes of any kingdome or countrey, whereof a man is a member it bindes not at all:

because on the contrary Gods commandement bindes vs to keepe the good lawes of men. III. If it be made by such persons as want sufficient reason and discretion, as young children, fooles, madde men. For the conscience can not indeed be bounde, where the understanding can not discerne what is done. IIII. If it be made of such as haue no power to bind themselues, it bindes not: because it is made against the lawe of nature, which is, that he which is ot in his owne power can not binde himselfe. Hence it followes, that papists erre grossely when they teach, that a childe may enter into any rule or order of religion, yea binde himselfe thereto by oath, and the oath to be good, flatt against his parents consent. Num. 30. 4. If a woman vow vnto the Lord, & bind her selfe by a bond, being in her fathers house in the time of her youth, &c. 6. If her father disallow her the same day that he heareth all her vowes and bondes, they shall not be of value. And an ancient councill decreed that all children that vpon pretence of Gods worship should depart from their parents, and not doe

them d[gap]e reverence, should be accursed. Secondly they erre in that they teach that the promise made priuately by a childe in way of marriage without and against consent of wise and careful parents, bindes them: whereas indeede if this

promise were further bound by an oth, it could not stand: because children under gouernment and tuition of parents can not giue themselues. V. It bindes not if it be made of a thing that is out of a [gap]ns power, as if a man sweare to his friend to giue him another mans goods. VI. If at the first it were lawfull, and afterwarde by some meanes become either impossible or vnlawfull, it binds not conscience. For when it becomes impossible, then wee may safely thinke that God from heauen frees a man from his oath. And when it beginnes to be unlawfull, then it ceaseth to bind, because the binding vertue is onely from the worde of God. For example: a king bindes himselfe by oath to a forraine Christian prince to find him men & money to defende his people against all enemies. This oath is lawfull. Well, afterward the prince becomes a professed enemy to him, his religion, & people: and then the kings oth becomes unlawful and binds him not: because the word forbids that there should be any league of amitie with Gods enemies: though there may be leagues of concord with them.

Seeing a lawfull oath must bind conscience, though a man be deceiued and great losses follow, it shews in how great reuerence we should haue Gods name, and with what care and consideration

take an oth. And by this we must be aduertiseo to take heed of customable swearing in our common talke, whether our oathes be great or small. We must thinke of an oth as a part of Gods worship: nay the H. ghost often puts it for the whole worship of God. Isai. 19. 18. In that day shall five cities in the lande of Egypt speake the language of Canaan, and shall sweare by the Lorde of hostes, that is, acknowledge and worship him. Ierem. 12. 16. If they will learne the waies of my people, to sweare by my Name, The Lorde liveth, then shall they be built in the middest of my people. This serues to shew unto us, that such as giue them-selues to swearing, want religion & good conscience: & that those families in which there is risenesse of othes, abandon all care of religion, and banish God out of their houses. And indeed it is a very hard thing for the common swearer to auoide common periury. If we see a man holde up his hand at the barre of an earthly iudge we pity him and are sorry for him: on then why doe we not pittie blasphemers and common swearers. For with God they are no better then rebeis, that hold up their hands at the barre of his iudgement seate as guilty malefactours. Exod. 20. 7. Augustine saith well, They that worship stockes and stones feare to svveare falsely by

stones, and doest not then feare God that is present, God that liveth, God that [gap] God that taketh revenge of contemners: but of bad custome vvhen thou art beleeved, thou svvearest: vvhen none requires it, thou svvearest: and vvhen men cannot abide it, then svvearest.

Thus much of an Oath: now followes a promise which is either to God or man: the first is called a vow, the second a single promise.

A vowe is taken three waies. First generally for a promise of morall obedience: and this vowe is first made in Baptisme and continued in the Lordes Supper, as also in the spirituall exercises of invocation and repentance. It is called of Peter 1. Epist. 3. 21. the stipulation which a good conscience makes to God.

This kinde of vowe bindes all and euery member of the Church of God. And the not keeping of it is the common sinne of the worlde: for most men make not conscience to perfourme that which they haue promised to God in Baptisme: and therefore their Baptisme is become unto them the sacrifice of fooles. Ecclesiast. 4. 17. But considering we are bound in conscience by this vowe, let vs hereafter endeauor to be as good as our word; and that shall be when we begin to die to our sinnes

and rise to newnesse of life: we will seeme to haue care to keepe touch with men: what a shame is it for us then not to keepe couenant with God.

Againe a vow is taken for a promise of ceremoniall obedience, whereof reade Num. 6. and 30. and Levit. 27. This vow is peculiar to the old Testament and did not bind all men, but only such as had peculiar occasion to vowe, and thereupon bound themselues: as the Nazarites, and some other.

Thirdly a vow is taken for the performance of some outwarde and bodily exercises taken up of a mans owne accord, as being things in a mans owne liberty, without any commaundèment of God: as the keeping of set times of fast, of praying or reading, the performance of set taskes, almes giuing, abstinence from certaine meates and drinkes, in the use whereof through our owne weakenesse we feare any occasion of sinne. And this kind of vow is more peculiar to the new Testament.

In the making of it that it may be warrantable, foure things must be obserued. I. It must be agreeable to the worde of God. II. It must not be against a mans generall or particular calling. III. It must be in a mans power, and not against Christian liberty. IIII. It must be so

made and be obserued without any opinion of [gap]rit or worship of God to this end alone, that it may be a means to exercise and cherish repentance and inuocation, temperance, patience, and to shewe forth thankfulnesse to God.

A vowe thus made, binds conscience by vertue of Gods commandement. Eccles. 5. 3. When thou hast [gap] a vow to God, [gap] not to pay it.

And the vow once made continues to binde so long as the thing is in force which was the [gap] of the vow For example: A man desirous to practise sobrietie and temperancy, finds that drinking of wine is hurtful to him hereupon he vowes to God to drinke no wine: now [gap] vow once made [gap] him [gap] [gap] estate of his body alter, and he feele no inconvenience in wine; and then [gap] ceaseth to bind any longer.

Question Whether Papists are bound in conscience to keepe the vowes of single life and voluntary pouerty which they make, or no. Ans. No. Reasons. I. They are [gap] against Gods co

[gap]

[gap] if they cannot abstaine, let them [gap] for it is better to marry then to [gap]. 1. Cor. 7. 9. This we warned [gap] of that if there were [gap] [gap] would not [gap] they should not [gap]. 2. Thess. 3. 10. II they are not in the power of him that voweth: as the promise of [gap] chastity in single life. III. they abolish

christian liberty in the vse of the creatures and ordinances of God, as riches, and mariage, meat, drinke, appar[gap] making that necessary which God left to our liberty. IV. They are made that men may thereby merit life eternall & worship God: whereas Paul saith, 1. Tim. 48. Bodilyexercise profiteth little, but godlinesse [gap] profitable for all things. Therefore they are better broken then kept.

As for a single promise, it also bindes a man according as he will to whome the promise is made, though he be an heretike or an infidell. As for the purpose of the mind it binds not, but may upon conuenient cause be altered.

Yet we must remember that there are so[gap] cases in which a promise made binds not. I. If it be against Gods word. One saith well, In evill

promises cut off thy faith. It is a [gap] promise which cannot be perfourmed without an offence, II. If he which makes it want reason or sufficient discretion. III. If he make the promisae who can not bind himselfe: as a child under the gouernment of his parents. IV. If a man be induced to make his promise by fraud & guile. V. If the promise being at the first lawfull become afterward either impossible or unlawfull.

And though men be bound in conscience to keepe their promises: yet this hinders not but

that there is and may be a good and lawfull use of Indentures and obligations. For the bonde of conscience is betweene man and God: but the bonde of an obligation is onely betweene man and man. Abraham when hee bought a purchase of Ephron the Hi[gap]te, hee payed his money and made it sure before witnesse, Gen. 23. vers. 17.

Here we must consider the generall sinne of this age, which is to speak deceitfully euery one to his neighbour. It is an hard thing to find a ma that will stand to his word and lawfull promise. It is a rule of Machi[gap]vell that a man may practise many things against his faith, against charity, and humanity, and religion: and that it is not necessary to haue these vertues, but to counterfait and dissemble them. But let all such as feare God, make conscience of their word, because they are bound so to do: and hereby they shall resemble their heauenly father who is true in all his promises; and they shall also bring soorth a notable fruite of the spirite, Galat. 5. vers. 22.

Hitherto I haue spoken of the cause that maketh conscience to giue iudgemente Now followeth the manner of iudgement.

Cosciece giues iudgemet in or by a kind of reasoning or disputing, called a practicall syllogisme

Rom. 2. 15. their reasonings [[gap] [gap], [gap].] [gap] [gap] excusing [gap] other.

In the making of this reason, conscience hath two assist[gap] mind, and memory.

The mind is the storehouse and [gap] [gap] of all manner of rules and principles. It may be co[gap] pared to a booke of law, in which are [gap] down the penall statutes of the lande. The of it it is to preferre and present to the conscience rules of diuine law whereby it is to giue iudgement.

Memory serues to bring to mind the particular actions which a ma hath done or not done, that conscience may determine of them.

Now conscience assisted by these [gap], proceeds in iudgement by a kinde of argumentation: an example whereof we may take from the conscience of a murderer thus.

Euery [gap] [gap]er is [gap] [gap]ed, saith the minde;

Thou art a murderer, saith conscience assisted by memory.

ergo, Thou art accur sed, saith conscience, and so giueth her sentence.

To proceed: Conscience giues iudgement either of things past or things to come.

Of things past two waies, either by accusing & cond[gap]ning, or by excusing & absoluing. Ro. 2. 15.

To accuse is an action of conscience giuing

[gap] that this o[gap] that thing was [gap]ll don; [gap] that still by reasoning on this manner.

[gap] [gap] [gap] is a [gap]:

This thy action is [gap] der:

[gap] ▪ This thy action is a [gap].

To [gap] is another action of the conscience [gap]yned with the former, whereby it giueth iudg[gap]t that a man by this or that sinne hath deserued death: on this maner.

[gap]ry [gap] [gap]rer [gap] serveth a double death:

Th[gap] art a [gap] [gap]rer:

ergo, Thou hast de served a double death.

These two actions are very sorcible and terrible: for they are the [gap]ctions and prickings that be in the heart. Act. 2. 37. they are the stripes as it were, of an iron rodde, wherewith the heart of a man smiteth it selfe, 2. Sam. 24. 10. And by reason of them, conscience is compared to a wo[gap]e that neuer dieth but alwayes lyes gnawing and grabbling, and pulling at the heart of man, Marc. 9. 42. and causeth more paine and anguish, then any disease in the wo[gap]ld, can.

The time when conscience perfourmes these actions is not before the sinne, or in the acte of s[gap]ing, but specially after the sinne is done and past. Reason. I. Before a man sinne, the deuill doth extenuate the fault & make sinne to be no

sinne. II. Corrupt affections doe for a time so blind and ouercast iudgement, that it doeth not see or at the least consider what is good or bad, till afterward.

Neither doth conscience [gap]ccuse & conde[gap] only for time present, but also long after a thing is done. The consciences of Iosephs [gap]hren accuse them 22. yeres after they had solde him into Egypt. Gen. 42. 21.

The effect of the accusing and conde[gap]ning conscience is to stir vp sundry passions and [gap]otions in the heart, but specially these five.

The first is sha[gap], which is an affection of the heart, whereby a man is gr[gap]eued and displeased with him-selfe, that hee hath done any euill: and this shame showeth it selfe by the rising of the bloode from the heart to the [gap].

Yet wee must here remember that [gap] such as haue the pardon of their sinnes, and are not guilty, may be ashamed and b[gap]sh, Rom. 6. 21. What fr[gap] had yee in those things, wherat ye now blush, or, be ashamed. Whereas those which are most guilty may be without all shame. Ierem. 6. 15. were they [gap] [gap] they had [gap]itted [gap] [gap]y, [gap]y, they vvere not ashamed, [gap] they [gap] [gap] [gap]: because they are growen to some great

height in sinne, Eph. 4. 18.