Common Places, Part 2 · Chapter 6
The ſixt Chapter. The third Precept; of the ſanctification of the name of God.
In Gen. 21. 23. Gen. 21, 23.THe Hebrues call an oth by the name of Niſchba, being a noune deriued of Schaba, that is, ſeuen; by which number is expreſſed the power of the holie Ghoſt, ſéeing whoſoeuer ſweareth, let him vnderſtand that he is bound and tied by that oth. The definition of an oth.The definition is, that the ſame is a confirmation of the will, by the teſtimonie of God, or of diuine things. That an oth in his owne nature is good.Of his owne nature it is good, yet the abuſe therof may doo harme; as the Euchariſt, as meate, and drinke. Alſo by the end thereof, it is declared to be good: for it is ordeined to the intent anie man may iuſtifie and purge himſelfe thereby, that there may be a faithfulneſſe of ſpeaking, which oftentimes dooth much auaile: yea euen to the finiſhing of controuerſies: and this is written in the ſixt chapter of the Hebrues. Heb. 6, 16.Furthermore, it hath his beginning from a right faith in God: for bicauſe we eſtéeme all things to be throughlie knowne vntounto him. Againe, we iudge that he is a louer of the truth, and a reuenger of periurie: all which points of godlineſſe are not to be deſpiſed. Alſo an oth ſerueth to the honour of God; bicauſe we extoll the name of him. And therein we confeſſe God to be the greater and more excellent, ſith that (as we read in the ſixt chapter to the Hebrues, Ibidem.) We alwaies ſweare by the greater. An oth is a certeine confeſſing of the excellencie of God. Wherefore, not without cauſe it is ſaid in the lawe, Lo tiſa; Thou ſhalt not bring in the name of God for a lie.
Naſa ſignifieth, To aduance; as though they that ſweare, doo by their oth extoll the name of God. Yet muſt we not héereof conclude, if it be good, if it make to the honour of God, that therefore it ſhould be often times vſed. Why an oth was inſtituted.For although an oth be apperteining to the ſeruice of God; yet is the inſtitution of the ſame to helpe the néed of the brethren, if credit be not giuen vntounto vsus, or elſe, where one partie is not beléeued of an other. So that, where ſuch a néed ſhall not happen, neither ſhall an oth be vſed. A ſimilitude.Euen in like maner, as a medicine is in verie déed profitable; yet wheras a fit occaſion of a ſicke perſon vrgeth not, it muſt not be miniſtred. But whereas it is ſaid in the Goſpell, Matt. 5, 37that an oth commeth of euill, it is not preiudiciall to the goodneſſe of an oth. For it nothing at all hindereth, that ſome things doo ſpring of an ill occaſion, which notwithſtanding are good; as be medicines, vertues, meats, and drinks.
2 In the old lawe, In 1. King. 8 verſe. 31.an oth was oftentimes to be taken: the which, if it be kept true, ſound, and inuiolable; faith alſo betwéene men continueth pure, and perfect: but this being violated, hardlie can faith it ſelfe remaine ſound. Neither is it vnknowne, that for manie cauſes men are prouoked vntounto periurie. Firſt, bicauſe they doo excéedinglie deſire to hurt him, whom they hate; and on the other ſide, by all meanes poſſible to gratifie their fréends. Sometimes they be mooued by couetouſnes and gréedie deſire, being vnwilling to paie that which they owe, to reſtore that which is laid to kéepe, or to recompenſe the harmes doone. In the 22. chapter of Exodus, verſe. 8, 11.God commanded, that in the caſe of laieng to pledge, and alſo in the caſe of theft and robberie, an oth ſhould be taken. Numb. 5, 14.In the booke of numbers curſings are commanded to be vſed for geloſie. And the epiſtle to the Hebrues teacheth, Hebr. 6, 6.that verie manie controuerſies be decided by an oth. For when a thing cannot otherwiſe be doone, we muſt flie vntounto God himſelfe, who is the ſearcher of the hart and reines; and vntounto his eies all things are manifeſt, be they neuer ſo ſecret. But when iudges can define cauſes otherwiſe, they muſt not miniſter an oth vntounto thoſe, which be the aduerſaries in lawe. But oftentimes proofes be wanting, neither are witneſſes readie preſent, or elſe there is onelie one found; or he that is pleaded guiltie, is troubled onelie vponupon report and ſuſpicions, which be not verie certeine: in déed in ſuch caſes, an oth muſt be taken.
How manie kinds of oths.But in this matter muſt not be omitted, that by the lawyers there be appointed thrée or foure kinds of ſwearing. The firſt is a voluntarie oth, which is both giuen and taken among priuate men, and that in couenants, bargaines, and particular agréements; which kind of oth it is frée for euerie one to take or refuſe. An other is called neceſſarie; bicauſe it cannot be refuſed without moſt great and weightie cauſes: for it is giuen by the iudge or the magiſtrate. The third, they doo call iudiciall, the which the aduerſaries in lawe doo one owe vntounto the other, which when it is offered by the defendant, vntounto the plaintife, it is of neceſſitie; otherwiſe it may be oftentimes refuſed. Alſo there is an affirming oth, which belongeth vntounto the time preſent and paſt: for things that are to come, cannot be affirmed, ſéeing they be not knowne; although an oth of promiſe hath reſpect vntounto the time to come: and then is it ſhewed, when we bind our ſelues, either to doo, or not to doo anie thing. And in euerie oth GOD is called to be a witneſſe. which thing is ſometimes doone ſimplie, and abſolutelie; and ſomtimes he is appealed vntounto, as to a iudge and reuenger againſt a lier.
Whether it be lawfull for a chriſtian man to ſweare. Matt. 5, 34.3 There remaineth, that we ſée whether it be lawfull for a chriſtian man to vſe an oth. Some there be, which vtterlie denie it, and deteſt it, bicauſe of the words of the Lord; But I ſaie vntounto you, ye ſhall not ſweare at all, let your communication be yea yea, naie naie. But the father is not repugnant to the ſonne. The Lord, in the 22. of Exodus, Exod. 22, 8. and 11.commandeth the magiſtrate of Iſrael, in ſome certeine caſes, to take and demand an oth: therefore it is lawfull. Eſaie, in the 65. and Ieremie in the fourth, Eſai. 65, 16. Ierem. 4, 2.doo promiſe in the name of God to the holie people, that they ſhould ſweare by the true God. God did ſweare. Chriſt added to his ſpéech; Iohn. 4, 3.Verelie, verelie. He being adiured or charged by oth of the high prieſt, Matt. 26, 63did not reprooue the fact, as an euill thing; but he obeied it. Paule, in the firſt to the Corinthians, the 15. chap. ſweareth. And in the ſecond to the Corinthians, 2. Cor. 1, 23he calleth God a witnes vntounto his ſoule. Apoc. 10, 5.The angels doo ſweare. Moreouer, an oth oftentimes redoundeth to the profit of our neihbour, and hath ioined therewith an honour towards God; therefore it is not to be deteſted.
In the new couenant greater things are required, than in the old.4 And little dooth it further theſe men, when they ſaie, that the ſentences of the lawe and of the prophets doo prooue nothing. Since that we be a new people, there ought to be performed far more excellent things than be there conteined: for the comming of Chriſt brought no new thing as touching works; onelie it brought a more ample ſpirit, and more plentifull grace. Vndoutedlie, whatſoeuer good and healthfull thing we can doo, is conteined in the lawe and the prophets. And would to God that we were able to accompliſh ſuch, and ſo manie godlie works, as God hath there prouided to be expreſſed vntounto vsus! Séeing therefore that no man is better able to order politike gouernements and Common-weales, than God himſelfe, and that he would, that an oth ſhould there be of force; let vsus alſo ſuffer it there to be. For Chriſt came not to aboliſh Common-weales in politike gouernements; no rather, he left them in their owne eſtate. And now, ſéeing the magiſtrate hath oftentimes to doo with diſloiall men, why ſhould he not vſe the due remedie appointed by God? The words of Chriſt in the fift of Matthew; Sweare not at all, Matth. 5, 34muſt be expounded, and are not ſo ſtrictlie to be vnderſtood as they ſound. The meaning of Chriſts words is, to require the lawe of vsus, that we ſhould liue togither ſo faithfullie, and according to charitie, as we might hauehave no néed of an oth. Let euerie one therefore take héed to himſelfe, that he be not called by his owne default, and that as touching this matter, he ſatiſfie the words of Chriſt; who for all this ſaieng, decréed not, but that (if we happen to deale with men that be not ſo affected, or indued with ſo much godlineſſe, whom neuertheleſſe it is expedient for vsus ſomwhat to beléeue) it is lawfull to ſweare; eſpeciallie where the glorie of the Lord may be aduanced.
Neither let it trouble thée, That Chriſt forbad not an oth.that Chriſt in his words hath this phraſe; Not at all. For his ſpéech was ſpecially ſpoken againſt the Scribes and Phariſies, who were bold to ſaie, that thoſe oths were eſtabliſhed and firme, which be exhibited by the name of God: but thoſe, which are ſworne by heauen, by the earth, by the altar, by the temple, and ſuch like, are not of force; and that therefore it is not lawfull to tranſgreſſe them. Theſe things Chriſt confuteth, and would that all theſe oths ſhould be of great importance; and therefore perſuadeth, that ſo far as lieth in our power, we ſhould ſo liue, and in ſuch ſort behaue our ſelues, as that through our default we be not called to an oth. Oths by creatures.Neither are the oths, which are ſworne by creatures, to be lightlie eſtéemed, as they accounted them; ſéeing they are not created, to the end we ſhould abuſe them, as witneſſes of our vntruth: they ought to be inſtruments of vertues, not of vices. And if we abuſe them in this ſort, the iniurie that is doon is great, yea and that verie great: for when they be called as witneſſes in an oth, our mind telleth vsus of them, that they belong vntounto God, and that the power of God dooth ſhine in them. For an oth (as it is in the epiſtle to the Hebrues) is alwaies made by ſome thing greater than he that ſweareth. Heb. 6, 16.But creatures be inferiours vntounto men, vnleſſe they be conſidered as they be the hoſt of God, and doo ſeruice vntounto him: and ſo to ſweare by creatures is not forbidden. Wherefore, when we ſweare, we vſe the holie Euangeliſts, the bodie of Chriſt, faith, and other like words.
Ioſeph ſware by the life of Pharao. Gen. 42, 15 Deut. 32, 1 Eſaie. 1, 2.And Moſes, and the prophets doo call the heauens and the earth to witnes of thoſe words, which they were to ſpeake vntounto the people. Let thoſe oths therefore, contrarie vntounto the opinion of the Scribes and Phariſies, be firme and ſtedfaſt oths: and as touching our owne conuerſation, let vsus ſo liue, that there be no néed for vsus to ſware; neither by God, nor yet by anie other thing at all. And this is that ſame At all, which Chriſt ſpake of. There be alſo oths made of curſings: Oths of curſings. 2. Cor. 1, 3. Pſal. 44, 2. and 95, 11.as Paule, who in the ſecond to the Corinthians calleth God for a witnes vntounto his ſoule. And in the holie ſcriptures of the old teſtament, they ſware in a maner alwais by that particle If: and there wanteth the expreſſing of the curſſe, which muſt be alwaies ſupplied of vsus. The doctrine of the Phariſies was ſo corrupt, as they iudged themſelues to fulfill the lawe throughlie, if they performed the thing which they ſware. But Chriſt declareth it to be otherwiſe; namelie, that we ought to be of ſo great integritie of life, as oths might be ſuperfluous, and to be aboliſhed. And by this ſelfe-ſame waie we muſt interpret the words of Iames, Iames. 5, 12.in the which he ſaith; Let vsus not ſweare anie oth, neither by heauen, nor by earth. By which meanes it is denied, that the ſwearing by God ſhould be in vſe of the godlie, and ſo in like maner of ſwearing by creatures.
Whether we may ſweare, bicauſe things to come are not in our power.5 The Anabaptiſts vſe an other argument; Things to come are not in our power to be doone, and God may let the thing which we promiſe to doo; Therfore it is better not to ſweare, than to promiſe doubtfull things. For this is wittinglie, to caſt himſelfe into the perill of periurie. But if this reaſon of theirs be of force, it will togither take awaie all bargains, all promiſes, couenants, vowes, yea and baptiſme it ſelfe; wherein we offer our name vntounto Chriſt, and bind our ſelues, that we will liue vntounto him, to renounce the diuell and our ſinnes: all which things neuertheleſſe are approued by the oracles of God: thoſe things (I ſaie) which I hauehave mentioned. Neither put we foorth our ſelues (as they thinke) into the danger of periurie: for when we ſweare, it ſufficeth that we hauehave this will, of performing that which we promiſe. But if ſo be God ſhall ſhew, that we ought to doo otherwiſe, and it ſhall be declared that our promiſe is againſt Gods will; now ought not he, to whom we hauehave ſworne, to exact the ſame of vsus: which if perhaps he ſhall doo, his right ſhall be accounted no right. For no ſeruant can bind himſelfe vntounto anie man, without the will of his lord. And who knoweth not, that God is our Lord, and that we be bound to louelove him with all our ſtrength, with all our hart, and with all our mind? Wherefore, ſo often as we ſweare, our deſire is, that his will, and the obeieng of him be euermore inuiolate. Whereby appéereth the making fruſtrate of monaſticall vowes: for there men doo ſweare that, which is repugnant to the will of God; for which cauſe it muſt be abrogated and aboliſhed. But concerning theſe vowes, we ſhall ſpeake larger hereafter: it ſufficeth now, that we hauehave made anſwer to this argument of the Anabaptiſts.
The things that are to be blamed in oths.6 But now let vsus come to the deſcribing of that, which is to be blamed in oths. And let this be the firſt. If we ſweare anie thing, which is repugnant to the will of God, there ſinne is committed two waies; firſt, by ſwearing raſhlie; ſecondlie, if we performe that which we hauehave wickedlie ſworne: as Herod did, when he deliuered the head of Iohn Baptiſt, Matt. 14, 9.vntounto a moſt wicked danſing damſell. A great deale more wiſelie did Dauid, 1. Sa. 25, 22.in breaking his oth: for he had ſworne, that he would kill Nabal the Carmelite; yet being throughlie inſtructed, and pacified by the words of Abigael, he reuoked that which he had ſworne amiſſe. For he had ſaid; So let God doo vntounto the enimies of Dauid, if of all that perteine vntounto Nabal, I leaue one, &c. In which place it is to be noted, that we muſt not will anie thing; that we muſt not promiſe nor ſweare to doo anie thing, that is not allowed by God. Deut. 6, 5.This hauehave the words of Gods lawe declared to vsus, wherein we be commanded to louelove God with all our hart, with all our ſtrength, and with all our ſoule: and this hauehave we vndertaken to doo in baptiſme. Therefore, whether we be ſworne, or not ſworne, we are neuer bound by anie lawe, to doo anie thing that is againſt the will of God. But and if we hauehave ſworne to doo anie ſuch thing, the ſame muſt not be performed.
Neither ought anie man to thinke, that he hath then broken his oth, ſéeing the ſame is not to be imputed as an oth: for the licence of ſwearing extendeth no further, than God hath giuen ſcope vntounto the ſame. It is not conuenient therfore, that we take an oth for anie thing, which is repugnant to the good pleaſure of God. Howbeit, let euerie one take héed, that he thinke not himſelfe at anie time diſcharged of his oth; vnleſſe that, for the which he hath ſworne, be made vnpoſſible; or elſe perceiueth for a certeintie, that the ſame is repugnant to the word of God, no not although the Pope would diſpenſe with him neuer ſo often. Antichriſt is not able to make fruſtrate the word of GOD. But thoſe oths, which be void and of none effect, bicauſe they be againſt the lawe of God, be diſpenſed with euen of themſelues: neither is there néed of [ſuch] apoſtolicall (yea rather diabolicall) power, to make them fruſtrate and of none effect.
But if thou ſhalt obiect vntounto me the oth of the Gabaonites, Ioſua. 9, 15. The couenant of the Gabaonits. 2. Sam. 21, 2wherein the children of Iſrael promiſed that which was againſt the decrée of God; namelie, that they would enter into league with the men of that prouince, and yet GOD would the ſame to be eſtabliſhed, for that he minded that the ſtocke of Saule ſhould be puniſhed for that oth. We anſwer, that the oth or couenant in his owne nature was void, and of none effect: but that God held the ſame eſtabliſhed, bicauſe he would bring puniſhment vponupon the Iewes; namelie, when they had ouer-raſhlie ſworne vntounto them, without conſideration of Gods word. Wherefore it was neceſſarie afterward, that they ſhould ſuffer them among them. And forſomuch as God allowed of the oth, therefore by his decrée it was afterward of ſtrength, although immediatlie vponupon the making thereof it was void. And at the laſt this thing redounded to the honor and commoditie of the people, ſo as in verie déed they had theſe ſtrangers to be the hewers of wood, & which alwaies drew water vntounto the miniſters of God.
Of forſwearing.8 An other thing that is to be blamed in an oth, is, if a man doo not ſweare, but forſweare. The greeuouſnes of periurie.Which ſinne is ſo gréeuous, as of that onelie, among the ten cōmandements, you find written, Lo Iinke, Exod. 20, 7.He will not forgiue him, He will not hold him guiltleſſe. For God is highlie offended, when we abuſe his name to confirme our lies. But if ſo be the baſeſt ſort of men manie times cannot abide, that they ſhould be accounted witneſſes of a lie; how much leſſe will God ſuffer a lie? Beſides, our neighbor taketh verie great hurt, not of the bodie, ſubſtance, or name; but of the mind, that is to wit, of reaſon: for he that is a forſwearer, dooth alwaies beguile and deceiue; which is to ſeduce the reaſon of man. Politike gouernements, and common-weales alſo are ouerthrowne, vnleſſe we ſtand vntounto our oths & couenants. And this the Hebrues, in a certeine Apollogie of theirs doo declare; who write, that when the tables were giuen vponupon mount Sina, ſo ſoone as the lawe was made concerning periurie, the whole world was ſhaken. Faith or promiſe muſt be kept euen with enimies.Let euerie one therefore beware of it, and let him kéepe faith euen with his enimies, with théeues and murtherers, though it be with the loſſe of his goods or life. For this cauſe Regulus is commended, who returned to the Carthaginians, although he knew, that at his returne he ſhould ſuffer moſt gréeuous puniſhments: for he minded to ſatiſfie his oth. Auguſtine in his booke De ciuitate Dei, not without iuſt cauſe, ſetteth foorth his praiſes; albeit his counſell, whereby he hindered the peace, cannot be praiſed or allowed. But in that he would in anie wiſe kéep his oth inuiolate, euen to the hazard of his own life, dooth not that deſerue verie great admiration? Neither is it anie let, which ſome men ſaie; that by returning vntounto théeues, murtherers, and cruell men, if a man knowe for a certeintie that he ſhould be ſlaine, is to caſt himſelfe into danger, and to tempt God. For this man was now alreadie, by the will of God, deliuered into the hands of his enimies; neither did he eſcape thence, without vſing the teſtimonie of the name of God. Wherefore it behooued him to returne, leaſt God ſhould be had in deriſion; vnleſſe it had béene reuealed vntounto him, that the ſame ſhould be againſt the word of God.
Deceitfull words in ſwearing.9 Moreouer, we offend in an oth, if a man vſe craftie and deceitfull words, purpoſing to take them according as he himſelfe vnderſtandeth them, and not as it ſéemeth to the eares of them which ſtand by: ſuch a man is not exempted from periurie. For an oth was deuiſed to finiſh controuerſies, Hebrues, 6. Heb. 6, 16.not to ſowe them, and to ſtirre them vp more. Neither ought we to vſe this remedie, to the deceiuing and beguiling of minds, which ſerueth to the eſtabliſhing of them. Farre be it, that deceit ſhould ariſe from thence; where truth ought moſt of all to ſhew it ſelfe. Of raſh ſwearing.Alſo let vsus take héed of an other defect in ſwearing; namelie, that we ſweare not often for light cauſes, and raſhlie, being vrged thervnto by no neceſſitie, whereby the word of God might be of the leſſe eſtimation. Sildome therefore muſt anie ſwearing be vſed, and that for weightie cauſes: and ſo ſhall we the better auoid periurie. Yea and Auguſtine in the 28. ſermon De verbis apostoli, writeth, that Chriſt and Iames the apoſtle forbad an oth; not to the end they would vtterlie take awaie the ſame from the affaires of men; but bicauſe we might beware of periurie, in not ſwearing vponupon light occaſion.
10 Laſtlie, in an oth let vsus auoid this; that we ſweare it not by the name of idols: for that is forbidden in the 23. chapter of Exodus, and in the 23. chapter of Ioſua. Exo. 23, 13. Looke In. 2. Sam. 23. 12. Ioſu. 23, 2,And God will hauehave vsus to ſweare by his owne name: for héerein the worſhipping of GOD is intermingled, which ſhould not be attributed vntounto idols. Howbeit Auguſtine, in his epiſtle Ad Publicolam, granteth vntounto the faithfull, that when néed ſhall require, they may take an oth of the infidels, in the name of their idols; for otherwiſe, there could be no peace nor truce confirmed with them. In an oth there is chéeflie this confirmation of the will, which is a certeine good thing, that we may vſe when we hauehave néed. And whereas they offer not the ſame, but vnderunder the name of idols, it gréeueth vsus: and if it laie in vsus to amend it, we would willinglie doo it. Once (ſaith he) we read in the ſcriptures, that it was doone by Iacob, when he tooke an oth of Laban: Gen. 31, 57Laban ſware by the God of Abraham, and by the God of Nachor his father, and by the God of their fathers. But whereas they were idolaters in Babel and in Meſopotamia, it is manifeſt that that oth was celebrated in the name of ſtrange gods: as Aben-Ezra dooth teſtifie vponupon that place. But if ſo be thou wilt ſaie, that there the name of faithfull Abraham is mingled with the other: it maketh no matter at all, bicauſe he ioineth vntounto him Nachor, and the fathers of them; that thou ma… vnderſtand, Abraham to be there comprehended vnderunder the name of that worſhipping, vnderunder the which he liued in his owne countrie with his parents, which were idolaters: as we read in laſt of Ioſua. But Iacob ſware by the true God, Ibidem. 2.whom he calleth the feare of Iſaak: wherefore euerie one ſware there, according to his owne religion. Theſe things be ſpoken probablie; howbeit, I know that ſome of the fathers were of the mind, that Laban ſware there by the true God. But Auguſtine in the place, which I hauehave now alledged, maketh for me.
In 1. Sam. 25, verſ. 35.11 But it appéereth, that Abigael ſéemeth to ſweare by a creature: and héereof the Papiſts gather, Whether it be lawfull to ſweare by ſaints.that it is lawfull to ſweare by ſaints. But that we may vnderſtand, with how great reaſon they affirme it, we muſt call to mind what is an oth. An oth therefore is a calling to record of the name of God, Looke the queſtions after the common place of the Maſſe in the addition at the end.to the confirmation of thoſe things, which either we hauehave ſpoken, or promiſed. When God is called to be a witneſſe, there is giuen vntounto him, euen that worſhip, which is moſt high and ſingular. For ſo we teſtifie, that God is preſent euerie-where, and ſéeth all things, and will puniſh, if a man doo offend. And this is fit for none, but for God onlie: for ſaints neither be in euerie place, nor yet ſée all things. And it is requiſite, that all worſhipping ſhould procéed of faith; which faith of neceſſitie is none, inſomuch as touching the preſence of the ſaints, we can learne nothing out of the holie ſcripture. Why then doo we call them to witneſſe, of whom we knowe not whether we be heard? Further, they cannot puniſh whom they would: wherefore theſe things apperteine vntounto God onlie. Thus it is written in the ſixt of Deuteronomie; Deut. 6, 5.Thou ſhalt louelove the Lord thy God, and him onelie thou ſhalt worſhip, and thou ſhalt ſweare by his name. Here, there is an oth ioined vntounto the worſhipping of God. Fooliſhlie therefore and vngodlie did Socrates, Socrates oth. The Manicheis oth.when he ſware by a dog and a gooſe: and the Manicheis alſo, when they ſware by the light.
Ierom.Ierom vponupon theſe words of Chriſt in Matthew; Thou ſhalt not ſweare, neither by heauen, neither by the earth, ſaith, that he dooth not forbid vsus to ſweare, but that we ſhould not ſweare by creatures. The fourth Councell of Carthage.And in the fourth Councell of Carthage (which place is alſo cited in the 22. cauſe, queſtion 1. in the title Clericus) it is forbidden, that anie ſhould ſweare by creatures: and it is added; that If a clerke ſhall ſo ſweare, he ſhould be excommunicated and depoſed. How manie waies God is called to record.But we muſt note, that God is ſometime called to record, not abſolutelie; but either with vowes & praiers, or elſe with curſſings and execrations. With praiers, as when we ſaie; As I would liue; As God ſhall helpe me. Thus ſware Io…h; By the life of Pharao: as if he ſhould ſaie; So let Pharao liue, as that which I ſaie is true. And in times paſt they were woont to ſweare by the angel of Caeſar, and by the ſafetie of his children. Howbeit, ſuch forme of oths was taken awaie in the Code. But the curſſes are on this ſort; Ill come vntounto me: or; Let me be confounded. So Dauid in the pſalme; If I hauehave doone this (ſaith he) and if there be anie wickednes in mine hands, then let mine enimie take awaie mine honour from me, and tread my life in the duſt. In theſe two forms, there is nothing to hinder, but that the name of anie creature, vntounto whom we will either good or euill, may be mingled with them. But that name of the creature is onelie there ſet downe indirectlie: for it is no direct and full oth. On this wiſe it may be expounded; As I would liue: that is, So God giuegive me life; or elſe, So let me be confounded: that is, So let GOD confound me. Here the name of God is held in ſilence, whereas in verie déed the whole efficacie and taking record in the oth, is referred vntounto him onelie. As on the contrarie part, when we ſaie; Thus and thus God doo by me: the name of God is expreſſed, but the things themſelues be kept vnderunder ſilence. Wherefore theſe things doo not further the Papiſts at all, for to prooue it lawfull hereby, to call ſaints which be dead vntounto an oth.
12 But let vsus ſée how rightlie Dauid ſware vntounto Semei, that he ſhould not die; In 2. Sam. 19, verſ. 16.when as afterward, being at the point of death, Whether Dauid ſware rightlie vntounto Semei.he inſtructed Salomon concerning his affaires, & charged him, among other things, that he ſhould put Semei to death. He ſéemeth not to ſtand to his oth, or elſe he ſware not that well, which he wold not hauehave kept. If he ſware, he ought to hauehave ſtood to his oth: if he minded not to kéepe his oth, he ſhould not hauehave ſworne. Some ſaie it ought thus to be ment; that he ſhould not be killed, while Dauid himſelfe liued: if he tooke order, that he ſhould be killed after his death, that then he brake not his oth. But this exception was not expreſſed in the forme of the oth; That which a man dooth by another man, he ſéemeth to doo it himſelfe. He which promiſeth anie thing, muſt not alonelie performe the ſame; but he muſt applie his indeuour, that the promiſe which he hath made, may be performed. So as Dauid ought not to hauehave ſtirred vp his ſon Salomon againſt Semei; but he ſhould hauehave giuen charge, that the promiſe made by him might not hauehave béene violated. If a man will ſaie, that although the condition were not expreſſed; yet the ſame was in his mind, when he did ſweare: we muſt conſider how an oth is to be interpreted, According to whoſe mind an oth muſt be interpreted.whether according to the mind of him that ſweareth, or of him to whom the oth is made. Touching this point, there ſéemeth to be contrarie opinions. Iſidorus in the decrées, the 22. cauſe, queſtion the fift, the chapter Quacunque arte, writeth; In euerie art let men weigh the words of the oth. God, who is the witneſſe of conſciences, taketh thoſe words, as he, to whom they be ſworne, vnderſtandeth them. He iudgeth that the oth muſt be vnderſtood, according to the meaning of him, to whom it is made.
Gregorie in his Moralls, the 26. booke, was of another mind; The eares of men iudge our words to be ſuch, as they ſound outwardlie: but the iudgements of God doo heare ſuch things ſpoken outwardlie, as they be vttered from within. And ſo he would hauehave it to appéere, that the words of them which ſweare, ſhould be vnderſtood according to the mind of him that maketh the oth. Theſe two opinions are reconciled euen by the Schoole-men, and among others by Thomas Aquinas. Oths be made, either as concerning the conſcience, or elſe in reſpect of outward pleadings. If we ſpeake of the conſcience, he which ſweareth, either dealeth ſimplie and ſincerelie, or elſe craftilie and by fraud. If ſincerelie, then is he bound to kéepe no more but that which he meant to doo: but if fraudulentlie, then let him be ſure, that he is bound to the meaning of him, whom he would hauehave beguiled. But if an oth be made in ciuill pleadings, the words of them which be ſworne, muſt be taken according to the common meaning. If there happen a doubt, the magiſtrate ſhall be the iudge thereof. But returne we to Dauid: if he delt ſincerelie, and had the foreſaid condition in his mind; he was not bound to Semei, in reſpect of his conſcience. If he ment to applie himſelfe to the time, and by anie meanes to beguile him, he ſware not in truth. Wherefore let vsus vſe this inuincible argument; Either he ment to kéepe his promiſe, or he ment it not; If he ment it not, he ſhould not hauehave ſworne; If he ment it, he ſhould hauehave performed it, if it were lawfull. If an oth doo confirme an vniuſt thing, it muſt not be kept. Now to promiſe impunitie to a wicked man, which hath broken the lawe of the Lord (for the lawe ſaith, Exo. 22, 28.Thou ſhalt not curſe the prince of thy people) is not iuſt: wherefore he was not to performe the oth which he made.
Oths made vnaduiſedlie, muſt not be performed.The oths which be made vnaduiſedlie, ought not to be performed. Theſe be of thoſe ſort of things, which alwaies hauehave an euill end, turne which waie thou wilt. If ſo be thou performe them not, thou haſt ſworne naughtilie: if thou doo performe them, thou makeſt a double offenſe. Neither here auaileth the inſtance of the Iſraelites fact with the Gabaonites. Ioſua. 9, 15.They ſéeme to hauehave ſworne that, which was not lawfull; and yet they thought themſelues bound vntounto their oth. In verie déed we ſaie, that they were not bound: for the Gabaonites diſſembled with them. When he that ſweareth, is deceiued, he is not bound. But the Iſraelites thought that they ſhould blemiſh the name of God, if they did not ſtand to their agréement; and that the oth which they made, was not contrarie vntounto the word of God. God would not hauehave had them to make peace with the Chananites, of their owne accord: but it is added; Vnleſſe they had demanded peace: but they alone deſired it. This therefore is not againſt the commandement of God; eſpeciallie ſéeing they not onlie did receiue the religion of the Iſraelites, but alſo were appointed for perpetuall ſeruice vntounto the tabernacle. Alſo the Iſraelites thought themſelues to be deceiued by their owne fault, bicauſe they had not taken counſell from the mouth of the Lord. The promiſe, which Dauid made, was not lawfull; namelie, that a wicked man ſhould be ſpared. Therefore it is no maruell, if afterward he warned Salomon, that this euill might be amended.
13 But verie manie doo doubt, In 1. kin. 8. verſe. 31. Whether an oth muſt be giuen vntounto him that is ſuſpected of periurie.whether it be lawfull to offer an oth vntounto him, which is ſuſpected of periurie; and by great coniectures is thought that he will be forſworne. For not onelie ſinnes muſt be auoided, but alſo there muſt be no occaſions of ſinning offered vntounto our neighbours. To this I anſwer: It is neceſſarie for vsus to ponder, that they, which offer an oth, be not all of one ſort. Wherfore, if they be iudges that doo it, and that the order of lawe require, that an oth ſhould be offered; in obeieng of the lawe, they ſinne not. Let them commit the matter vntounto God, and diligentlie warne him of his dutie, vntounto whom they offer the oth. For (as it hath béene ſaid) the lawe of God in Exodus commanded, that in certeine caſes an oth ſhould be taken. This if the iudge obſerue, it can not rightlie be ſaid, that he giueth a true occaſion of periurie. But if ſo be the oth ſhall be voluntarie; to wit, betwéene priuate perſons, it muſt not be offered to ſuch a man, as vponupon iuſt cauſe is ſuſpected of periurie. For it is not lawfull to anie man, for his owne aduantage ſake, to prouoke an other man vntounto ſinne. As touching priuate concluſions, bargains, and couenants, let them be omitted, rather than for our ſakes the name of God ſhould be made a ieſting ſtocke. 1. kin. 8, 31.Wherefore that which Salomon deſireth, is holie and iuſt; namelie, that euill may be taken awaie from the people, and that men may be terrified from taking of the name of the Lord in vaine; either by denieng of a truth, or affirming a falſehood by the teſtimonie of his name. King Salomon deſired nothing, but that he knew God himſelfe did like of. For in the ten commandements it is written; Thou ſhalt not take the name of the Lord thy God in vaine: for God will not account him innocent that ſo dooth, but will gréeuouſlie puniſh him, as one that is guiltie. That this might come to paſſe, Salomon deſired, and eſpeciallie vntounto them that forſware themſelues in that houſe, which he had latelie builded.
The oths, which (as I ſaid) were taken, were accuſtomed to be doone ouer againſt the altar of ſacrifice, that is, in the court of thoſe men that were cleane. But the oth of prophane perſons, which commonlie they call the laitie, was doone at the wall, whereby the court of the prieſts was ſeuered from the ſame. Whie an oth was inuented, and how inuiolablie it ſhould be kept.Certeinelie, an oth was inuented for the honour and glorie of the name of God, and was commanded in the lawe. So then it is the part of a good prince, to be verie circumſpect, that it fall not out otherwiſe; namelie, to the contumelie and iniurie of God. And therfore Salomon is to be commended, when he praieth, that the honour due vntounto the name of GOD might remaine entire; and that euerie mans owne, ſo far foorth as is poſſible, might be rendered vntounto him; and that the lawe of laieng to pledge, or of ſtealing, or of dooing harme might be kept inuiolate. But at the firſt ſhew it ſéemeth, that Salomon did not the office of a godlie king; bicauſe he deſireth iuſtice and damnation vntounto ſinners. To this may be anſwered, that he likewiſe, on the other ſide, deſireth good things vntounto thoſe that were innocent; namelie, that right iudgement might be miniſtred vntounto them, and that God would defend their cauſe. Further, it muſt be conſidered, that the glorie of God, and publike ſafetie, is to be preferred before the commodities of priuate men. But God hath delt much more ſeuerelie againſt periurie, The ſeuere chaſtiſement of periurie. verſe. 3.as it is in the ſixt chapter of Leuiticus: for there he not onelie condemned the periured man: but alſo all thoſe, which being priuie of the periurie, held their peace. For the lawe commanded, that they, which for a certeintie knew, that an oth was falſlie taken, ſhuld in ſtepping forth reueale the ſame, that the name of God might not be had in deriſion. Wherefore Salomon praieth God, that he will heare it out of heauen.