Four Treatises Dissuading from Four Heinous and Common Sins, Treatise 1 · Chapter 8
CHAP. VIII. Of the ſinne of Periurie.
ANd thus much concerning the abuſe of an oath by vaine ſwearing.§ Sect. 1. VVhat periurie is. Now wee are to ſpeake of the abuſe thereof by falſe ſwearing, commonly called periurie; where firſt I will ſhew what periurie is, that we may know it; and then the greatnes and hainouſneſſe of this ſinne, that wee may auoide it. For the firſt; Periurie is nothing elſe but falſe ſwearing. Or more fullie, It is a knowne or imagined vntruth, confirmed by oath, ioyned with deceit, which was either purpoſed and intended before the oath was made, or reſolued on afterwards. Whereby it appeareth that two things doe alwaies concurre in periurie: firſt the generall matter thereof, which is an vntruth: and ſecondly, the forme which giueth being vntounto it, namely, a falſe oath, made with purpoſed and affected deceit, or reſolued on afterwards. Now, vntruth is either logicall or morall. Logicall, when as wee doe not ſpeake as the thing is, or when as our ſpeech agreeth not with the thing. Morall vntruth is, when as wee doe not ſpeake as wee thinke, or when as our ſpeech agreeth not with our minde. Of the former wee doe not heere ſpeake; neither doth it make periurie, but onelyonly when it is ioyned with the ſecond; whereas the morall vntruth confirmed with an oath is periurie, although it be a logicall truth. More plainly, if I ſweare an vntruth, being perſwaded that it is true, it may bee my oath may iuſtly deſerue the cenſure of raſhnes or prophanenes; but yet I am not periured, becauſe my ſpeech agreeth with my minde, though not with the thing: neither doe I ſweare falſely, although that which I ſweare be falſe, in that I doe not ſweare with a minde to deceiue, but being my ſelfe deceiued: whereas contrariwiſe if I ſweare an vntruth, knowing it to be ſo, yea if I ſweare as the truth is, being perſwaded in the meane time, that it is falſe and vntrue,Ream linguam facit mens rea. Plato. I fall into the ſinne of periurie, becauſe my ſpeech and oath agree not with my minde and perſwaſion, though it agreeth with the thing; and the end of my oath is not to confirme the truth, but to deceiue thoſe vntounto whom I ſweare. And this kinde of periurie whereby a man deceitfully ſweareth that which he thinketh falſe to be true, is an hainous ſinne in Gods ſight, though afterwards it fall out to be indeed the truth, and as well excludeth him out of Gods kingdome, as when a man ſweareth that which hee knoweth certainly is falſe,Pſal. 24.4. to be true, as appeareth Pſal. 24.4. For if it be a grieuous ſin and an euident ſigne of an impious man,Pſal. 12.1.2. to ſpeake deceitfully and with a double heart vntounto his neighbour; then how much more abominable is it, when as this deceit is graced and countenanced with an oath?
Yea,§. Sect. 2. Hovv our oath is to be vnderſtood, being ambiguous. but ſeeing our ſpeech is often ambiguous, admitting of a double ſignification, wherof it commeth to paſſe, that I ſwearing in one ſenſe am vnderſtood in another; how is ſuch an oath to be expounded and performed, as that I may bee cleared from deceit and periurie? Some anſwere, that our oath muſt be vnderſtood in his ſenſe and meaning vntounto whome it is made. But this is too ſtrict and hard, for ſo a man might be periured ſwearing, both according to the truth, and according to his owne minde and perſwaſion, becauſe he is miſunderſtood through the default perhaps of the other, who wanteth capacitie and apprehenſion. What then, muſt it be vnderſtood in his ſenſe and meaning that ſweareth? If this ſhould be granted, it would bee as ouer-partiall on the other ſide, for ſo might men ſpeake doubtfully with a purpoſe to miſlead another, and by equiuocation may ſweare that which is true in his owne meaning and intention, which is neuertheleſſe directly falſe, according to his conſtruction vntounto whom the oath is made: and therefore the moſt equall courſe that can bee taken for the auoiding of both extreames is, that our ſpeech which we confirme with an oath bee vnderſtood moſt ſimply & plainly, according to the vſual and cōmon cuſtome, as the moſt part do, and ought to vnderſtand ſuch ſpeeches. And if yet any doubt remaine, the ſureſt rule is, that the ſpeech confirmed by oath, bee vnderſtood according to the ſenſe and meaning of him vntounto whom the oath is made, if the ſwearer did ſweare deceitfully; or if ſimply, plainly, and with an honeſt meaning, then is it to bee interpreted in his owne ſenſe who tooke the oath.
Where by the way we may obſerue,§. Sect. 3. Equiuocations, and mentall reſeruations, confuted. that the doctrine and practiſe of the Prieſts and Ieſuites, in this, well ſorteth with the reſt of their wicked and abominable conceits and courſes; who are not content to vſe, but alſo doe approoue and defend in their oathes, Equiuocations, and mentall reſeruations, of purpoſe vſed to blind and miſlead him vntounto whom they ſweare, that he may not come to the knowledge of the truth; and that in ſuch groſſe manner, that oftentimes there is a flat contrarietie betweene their mind and their words, being vnderſtood according to common cuſtome, and as they themſelues deſire, that the partie who taketh their oath ſhould conceiue of them. But whatſoeuer flowriſhes they make to hide their impietie, yet this their doctrine and practiſe is wicked and abominable, and their oathes no better then periurie, and that in the moſt impious kinde, in Gods ſight; ſeeing vntounto their periurie, is ioyned diuelliſh deceit, which euen in the iudgement and practife of the Heathens was condemned and abhorred; for their vſuall forme of ſwearing was, Ex animi mei ſententia iuro, I ſweare according to the true meaning of my heart; and they deteſted as impious and atheiſticall that ſpeech,Cic. de Legib. iuraui linguâ, mentem iniuratam gero; I hauehave ſworne with my tongue, but not with my mind. And yet the admired Ieſuites, who could find no name fit to expreſſe the holines of their order, but the ſacred name of Ieſus, being in this, as in manie other things, much more wicked then the Heathens, commonly vſe, and ſtiflie defend this periurious practiſe of falſe and deceitfull ſwearing.
But let all who profeſſe the name of Chriſt,§. Sect. 4. The euils vvhichwhich accompanie equiuocations. and deſire to approoue their profeſſion by their practiſe, hate and abhorre this groſſe impiety, and helliſh monſter, compounded of periurie, deceit, and treacherie, which together with thoſe filthie locuſts,Apoc. 9.3. the Prieſts, and Ieſuites, hath aſcended out of the bottomeleſſe pit, to annoy and hurt the inhabitants of the earth. And to this end let them know; firſt, that theſe equiuocations, & mental reſeruations, being admitted in oathes, doe ouerthrow all truth, when as euerie man may coine a meaning of his oath vntounto himſelfe, according to the ſtampe of his profit or conueniencie, and not according to the ſimple truth. Secondly, they fruſtrate and take away the end of an oath,Heb. 6.16. which (as the Apoſtle ſaith) is to be for confirmation, the end of ſtrife; for who would reſt ſatisfied in anothers oath, if he knew that it were to be conſtrued according to his ſecret meaning, of which he is alwaies ignorant, and oft times hath iuſt cauſe to ſurmiſe his falſe meaning, and to hauehave him in iealouſie and ſuſpition of deceit and double dealing? Laſtly, they ſhew themſelues to be no heires of Gods Kingdome, nor to hauehave any title or intereſt in the ioyes of heauen; for if they onelyonly ſhall dwell in Gods holy mountaine,Pſal. 15.2. who ſpeake the truth from their heart, then what ſhall become of them who not onelyonly ſpeake deceitfully and with a double heart, but alſo confirme ſuch deceitfull ſpeeches with an oath, yea and which is more (not like Peter who fell into this ſinne of periurie and repented of it, but) like it, and liue in it, approoue and defend it.