Four Treatises Dissuading from Four Heinous and Common Sins, Treatise 1 · Chapter 10
CHAP. X. Questions about periurie reſolued.
ANd thus hauehave I ſhewed what periurie is,§ Sect. 1. 1. VVkether all oathes are to be performed and the diuers kinds thereof. In the next place I will propound, and reſolue certaine queſtions about the performance of our oath; which being explaned and vnderſtood, will make vsus better diſcerne what we are to eſteeme periurie, that we may auoide it. And firſt, it may be demanded, whether we are bound in conſcience to performe all our oathes, and if we doe not,2. VVhat oathes binde the conſcience. whether we commit this ſinne of periurie. I anſwere, that our oath alwaies bindes vsus to performance, if the things which we ſweare be abſolutely, and in reſpect of vsus who take the oath, lawfull, ſo that with a good conſcience, inlightened by Gods word, we may doe them; and withall, if that they be poſſible, and in our power, ſo that wee can doe them; and if we doe not performe ſuch an oath we are periured,Ier. 4.2. and fearefully tranſgreſſe the commandement of God. For as the Lord requireth that we ſweare when occaſion ſerueth in truth, iuſtice, and iudgement;Num. 30.3. ſo alſo that hauing ſworne, wee performe our oath. So Num. 30.3. Whoſoeuer ſweareth an oath to bind himſelfe by a bond, he ſhall not breake his promiſe, Mat. 23.23.but ſhall doe according to all that proceedeth out of his mouth. And our Sauiour Chriſt reckoneth this fidelitie in performing our oathes, among the waightie matters of the law, yea euen the Scribes and Phariſes, though otherwiſe very corrupt in their doctrine, yet taught this truth out of Gods law: Thou ſhalt not forſweare thy ſelfe, Matth. 5.33but ſhalt performe thy oathes vntounto the Lord, Matth. 5.33. And this is made a true ſigne of one who is a ſound member of the militant Church, and an aſſured heire of the Kingdome of glorie, when as he abhorres deceitfull ſwearing,Pſal. 15 4. and performeth thoſe oathes which are made to his owne hinderance. Pſal. 15.4.
But if the things which by oath we promiſe, be vnlawfull or impoſſible, then ſuch oathes doe not binde the conſcience, but are preſently voide, as ſoone as the vnlawfulnes or impoſſibilitie appeareth.Jſidorus. For an oath ought not to be the bond of iniquitie; and thoſe oathes are laudably broken, which are vnlawfully made; neither can they tie vsus vntounto impoſſibilities, becauſe the things ſo promiſed are out of our power to performe them. But that we may ſpeake of them more diſtinctly, an oath is vnlawfull, firſt, when as wee ſweare to performe ſuch things, as are repugnant and contrarie to the law and reuealed will of God; and therefore is not to bee obſerued: firſt, becauſe by ſuch an oath we make the Lord to confirme our teſtimonie againſt himſelfe, and to bee our ſuretie for the performance of that, which is wicked and odious in his ſight. Secondly, becauſe theſe oathes made vntounto men, infringe and diſanull our oath which wee hauehave formerly made vntounto God in baptiſme, whereby we hauehave bound our ſelues to yeeld abſolute obedience vntounto Gods reuealed will. Now this ought not to be, both becauſe our firſt oath muſt ſtand, as hauing already bound our conſcience to performance, and therefore may not be fruſtrated and made void with a latter; and alſo becauſe an oath made vntounto God, muſt bee preferred before an oath made vntounto men; in that hee is our ſupreme Iudge, and ſoueraigne Lord, vntounto whom we owe our ſelues, our obedience and fealtie, and all that belongeth vntounto vsus. Euen as an after oath made to a rebell, enemie, or ſtranger, cannot diſanull our former oath, whereby we hauehave obliged our ſelues to yeeld obedience to our lawfull Prince.
Now an oath is vnlawful and wicked in this regard,§. Sect. 3. Valavvſulnes of an oath is either apparant, or diſcerned by the euent. either in preſent appearance when it is made, or in the proofe and euent. Of the former we hauehave an example in Ieſabel, ſwearing the death of innocent Elias; and in the Iewes, who bound themſelues by oath to ſlay Paul. And ſuch is the oath of our Popiſh fugitiues,1. King. 19.2. Act. 23. who thereby binde themſelues to bee the vaſſals of Antichriſt, denying their due allegiance and obediēce to their lawful Soucraigne; which is expreſly contrarie to the word of God,Rom. 13.1.2.3 Matth 22.21. Tir. 3, 1. 1. Pet. 2.13. as appeareth Rom. 13.1.2.3. All which kind of othes are hainouſly wicked when they are firſt made. For if knowing them at the time of their taking of them to be wicked and vnlawfull, they doe not at all intend to obſerue them, they ſinne grieuouſly againſt God by ſwearing falſely; their ſpeech not agreeing with their minde, and by prophaning his holie name in calling him as a witneſſe to confirme their vntruth, and as a patrone of their falſehood. They ſinne againſt their neighbour in abuſing him with a deceit of higheſt nature, namely, vnderunder the religious ſhew of an oath. And finally, they ſinne moſt fearfully againſt their owne ſoules, by their deſperate tempting of God, prouoking Gods iuſtice, truth, power, and terrible vengeance againſt themſelues, for their knowne wickedneſſe, and perfidious trecherie and periurie. On the other ſide, if knowing their oath to be wicked, they hauehave a purpoſe to performe it, then alſo they ſinne againſt God, in making him not only a Iudge and witneſſe, but alſo a ſuretie that they will performe wicked actions, which hee abhorreth; and againſt their owne ſoules likewife, in that they binde themſelues vntounto euill with an oath, and as though they were not prone enough of their owne accord to fall into wickedneſſe, they bring vponupon them a neceſſitie of ſinning, and confirme themſelues in euill with the ſtrong obligation of an oath.
Secondly, an oath is vnlawfull and wicked in the proofe and euent, when as there lieth lurking in it ſome concealed wickedneſſe, which he that ſweareth doth not diſcerne. And this is of two kindes: firſt, when as the euill of the oath is really contained in the thing promiſed, which is not diſcouered at the taking of the oath, but afterwards appeareth in the euent. Secondly, when as the thing which wee by oath promiſe, is in it owne nature good or indifferent, but afterwards degenerateth and becommeth euill by accident. Of the former wee hauehave an example in Herod, Mar. 6.who by his raſh oath ſwore, though vnwittingly, the death of Iohn the Baptiſt; and in thoſe who in our owne time ſweare themſelues vntounto Monkiſh cloiſters in their ſuperſtitious deuotion and blind zeale: of the other, in thoſe who by oath vow virginitie and ſingle life, the which courſe of life might be lawfull or indifferent at the time when they tooke their oath, they hauing preſent continencie; but afterwards becommeth wicked and vnlawfull, when as burning in luſt they binde themſelues to leade a ſingle life ſtill, and diſauow mariage which is the ordinance of God, and the meanes ordained by him to keepe and preſerue their veſſels in puritie and holineſſe.
And this is the firſt kinde of vnlawfull oathes,§. Sect. 4. Hovv an oath is vnlavvfull in reſpect of the partie vvho ſweareth. which containing wickedneſſe in themſelues bind not to performance. The ſecond is, when as the oath is vnlawfull in reſpect of the partie, who taketh it. As for example, when he that ſweareth wanteth diſcretion, and the vſe of naturall reaſon, as children, fooles or mad men: or when thoſe who being vnderunder tuition and gouernment, binde themſelues by oath to doe a thing againſt the will and liking of their ſuperiours and gouernours. As when a childe ſweareth to match himſelfe in mariage againſt his parents will, whileſt he is vnderunder their gouernment; or ſweares himſelfe into a Monkiſh cloiſter, they diſavowing his courſe. For if vowes and religious oathes made vntounto God, for the performance of ſome externall duties, doe not binde the conſcience, but may be lawfully diſanulled by ſuperiours and gouernours,Numb. 30.4.6.30. as appeareth Num. 30.4.6. then much more may ſuch oathes as are made vntounto men be lawfully broken, when as they are vnlawfully made.
And theſe are the oathes which being vnlawfull doe not binde the conſcience,§. Sect. 5. Vnlawful othes are to be brokē. but may lawfully bee broken, either preſently when as they containe in them apparant euill at the firſt view, or as ſoone as the vnlawfulnes of them is diſcouered, which for a time hath been hidden from vsus. Yea we not only may, as being permitted, but ought, as being required, breake all ſuch oathes, as binde vsus to that which is wicked and vnlawfull. According to that:Jſidorus. In malis promiſſis reſcinde fidem, in turpi voto muta decretum: In euill promiſes keepe not fidelitie; in a diſhoneſt vow change thy purpoſe: for ſuch oathes as are vnlawfull are laudably broken, but damnably obſerued. And the reaſon is apparant, becauſe by keeping them we ſhall but adde ſinne vntounto ſinne; vntounto wicked ſwearing more wicked performance. Let vsus therefore carefully take heede, that wee doe not by oath promiſe any thing which is euill; for if the euill bee knowne and apparant, it is horrible wickedneſſe to draw God into the aſſociation of our impietie, by calling him to be our witneſſe and ſurety; if it be not apparant, it is prophane raſhneſſe; for before we ſweare, wee ought to bee aſſured of the lawfulneſſe of our oath. But if through infirmitie or corruption, we hauehave fallen into this ſinne, let vsus hartilie repent for that which is paſt, and not continue in it by adding vntounto vnlawfull ſwearing, vnlawfull performance; following herein the example of Dauid, 1. Sam. 25.who reuerſed his ſinfull oath when by Abigaile he was conuinced of the vnlawfulnes thereof.
And thus hauehave I ſhewed that vnlawfull oathes doe not bind the conſcience.§. Sect. 6. Oathes contayning impoſſibilities doe not bind the conſcience. The like may be ſaid of thoſe oathes which containe in them an impoſſibilitie of performance, as when we promiſe that which we hauehave no poſſible meanes to doe and performe, it being farre aboue our abilitie and power. Yea but will ſome ſay, we promiſe in baptiſme by oath,Of our oath in Baptiſme. that we will performe obedience vntounto Gods law, the which is impoſſible for vsus to performe; and therefore, either that oath is vaine, and needleſſe, or elſe we may lawfully ſweare vntounto impoſſibilities. I anſwere, that in baptiſme, which is the Sacrament of the new couenant of grace, wee doe not promiſe exact performance of the Law, but Euangelicall obedience, that we will hartilie deſire, and earneſtly indeuour with all our power, to yeeld that obedience which the law requireth; and that in vprightnes of our hearts, we will ſtriue and labour to walke in the way of Gods commandements; the which vow and promiſe euerie Chriſtian performeth, according to that meaſure of grace which he hath receiued. And howſoeuer it is not at all in our power to yeeld this Euangelicall obedience, yet this impoſſibilitie maketh not our oath vnlawfull, ſeeing the Lord himſelfe requireth this oath of vsus, when we make the new couenant of grace, containing a mutual ſtipulation between God & vsus; wherein we promiſe faith, and obedience, and the Lord promiſeth his grace and holy ſpirit, whereby we are enabled to obey his will in ſome meaſure; and alſo the pardon of our ſins, and manifold imperfections, whereby we come farre ſhort of that exact obedience which his law requireth, if we labouring vnderunder the heauie burthen of our ſinnes, doe ſtriue to ſhake them off by true repentance, and faith in Chriſt. In which gratious promiſe of God we reſting and truſting, doe promiſe, not raſhly and vnaduiſedly, but in the aſſurance of faith, that which being impoſſible vntounto vsus, is made poſſible by Gods promiſed grace, and the aſſiſtance of his holy ſpirit: and therefore our oath in Baptiſme maketh nothing for the defence of thoſe, who not required by God, nor hauing any promiſe of his aſſiſtance to enable them to performe, doe raſhly and vponupon their owne accord, promiſe impoſſibilities, in which number are they, who vow ſingle life.
Now this oath whereby we ſweare vntounto impoſſibilities,§ Sect. 7. Of that oath whereby we ſweare to performe knowne impoſſibilities. is taken two waies; firſt, when as at the making of the oath the impoſſibilitie of performance appeared vntounto vsus, wee hauing no ſhew of any poſſible meanes to make good our promiſe; which who ſo doe, commit a fearefull ſinne againſt God, by forſwearing themſelues, wittingly, and willingly; by making his glorious name become a cloke for their falſhood; by tempting his truth and power, and daring his iuſtice to execute his vengeance; ſo likewiſe, they ſinne againſt their neighbour, by abuſing and deceiuing him, in that they promiſe that which they hauehave no poſſible meanes to performe, and againſt themſelues by prouoking Gods wrath, drawing downe vponupon their guiltie heads his fearful vengeance, and by deſperate leaping into the fire of hell.
Secondly,§. Sect. 8. Of impoſſibilities appearing in the euent. this oath is taken when the impoſſibilitie appeareth not, and that either becauſe we doe not aduiſedly conſider of our meanes to performe our promiſe; by reaſon whereof we doe not diſcerne our want of power, to make good our word; or hauing ſufficient power and meanes to performe our oath at the taking thereof, are afterwards diſabled by ſome vnexpected accident. As if by oath we ſhould promiſe to pay at a certaine time a ſumme of money, hauing ſo much in our owne cuſtodie; and before the appointed day came, ſhould be vtterly diſabled by fire, theeues, or ſome other caſualtie, ſo as we hauehave no poſſible meanes to performe our promiſe. The former cannot be excuſed, as being a ſinne of raſhneſſe and vnaduiſedneſſe (although it is much leſſe hainous then when we ſweare to knowne impoſſibilities) in that before we ſweare, we ſhould be aſſured, not onelyonly of our will, but alſo of our power to performe our promiſe. The other is much more excuſeable, becauſe ſuch oathes ſeeme reuerſed by God himſelfe, who hath taken away from vsus all meanes of performance. Howbeit, if in ſuch caſes wee would be wholly acquit from all imputation of fault, we are not to ſweare abſolutely, that we will performe our promiſe, ſeeing we hauehave no abſolute and vnlimited power, but to ioyne theſe conditions, If God will, if it pleaſe the Lord, if hee will ſuffer or inable me, and ſuch like. For if theſe conditions are to bee expreſſed or vnderſtood in our ordinarie promiſes, as the Apoſtle teacheth vsus; then much more in ſuch promiſes;Iam. 4.13.15. as are of greateſt importance, being confirmed with a religious oath.
And thus hauehave I ſhewed that vnlawfull and impoſſible oathes binde not the conſcience.§. Sect. 9. Where oathes made to our great loſſe and hindrance are to be performed. Now in the third place it may be demanded, whether wee are in conſcience bound to performe ſuch oathes, the performance whereof is accompanied with great loſſe and hindrance. The which queſtion ſhall not need any large anſwere, ſeeing the holy Ghoſt himſelfe maketh it a marke of the childe of God, and inheritour of heauen, when as hee performeth his oath vntounto his neighbour and changeth not, for any loſſe or hindrance,Pſal. 15.4. which doth accompanie it. Though therefore we ſuſtaine neuer ſo much worldly loſſe and damage thereby, yet wee are to performe our oathes, ſeeing by our periurie the glorie of God would be impeached, the aduancement whereof wee are to preferre before all the world.
Fourthly,§. Sect. 10. Whether extorted othes are to be obſerued. it is demanded whether oathes extorted from vsus by force and violence doe binde the conſcience. As for example, if falling into the hands of theeues, wee be compelled vponupon the perill of our liues to ſweare vntounto them, that we will bring them ſuch a ſumme of money, and vſe ſecrecie, not diſcouering them vntounto any, by any meanes. I anſwere, that ſuch an oath containing nothing in it which is abſolutely euill doth binde the conſcience; and therfore is to be performed. Yea but this oath may ſeeme to be vnlawfull, firſt, becauſe we doe not take it willingly, but compelled. Secondly, becauſe the giuing of money vntounto a theefe, and keeping ſecrecie, doth make vsus acceſſaries to his theft, in that wee helpe to maintaine him in his ill courſes, and thereby hurt the Common wealth by not diſcouering ſuch a pernicious member, that he may bee cut off; and alſo hazard other of our neighbours to fall into the like danger; and therefore the perill of our liues ſhould not make vsus take ſuch an vnlawfull oath; or if through infirmitie wee hauehave taken it, wee are not to performe it, becauſe it doth not binde the conſcience. To the former I anſwere, that howſoeuer wee doe not with abſolute conſent of will, take ſuch an oath, yet wee cannot be ſaid to hauehave ſworne vnwillingly, or againſt our wils; ſeeing we will it though not abſolutely and ſimply, yet accidentally, and conditionally, for the ſafegard of our liues, and for the auoiding of a greater euill. Euen as the Merchant doth willingly caſt his goods into the ſea in the ſtormie tempeſt, not ſimply, but conditionally, to preſerue the ſhip from a wracke, and himſelfe from drowning. To the other I anſwere, that by giuing his goods to a theefe he doth not maintaine him in his theft, nay rather being now furniſhed with ſome money to relieue his preſent neceſſitie, he may the better leaue his ſtealing, and betake himſelfe to liue by his honeſt labour. Or if the theefe be hereby incouraged to continue in his theft, yet he that giueth him the money is not acceſſarie to his fault, becauſe he doth not ioyne conſent of will nor approoue his theeuiſh courſes, neither yet doth intend any ſuch thing in his gift, but onelyonly the ſafegard of his life. And therefore this continuance in theeuing cōmeth to paſſe, not ſimply through the gift of the true man, but accidentally by reaſon of the theeues corruption and maliciouſneſſe, who abuſeth it vntounto ſinne. And whereas it is further obiected, that by ſwearing ſecrecie wee ſinne, becauſe wee hereby indamage the Common wealth, and indanger our neighbours; to this I anſwer, that this commeth to paſſe not ſimply, through our ſecrecie, for he might ſurceaſe his robbing being concealed, and become a profitable member of the Common wealth; but if at all it happen, it is accidentally quite beſide our ſcope and intention, through his owne corruption and maliciouſneſſe who will not giuegive ouer his robbing. Againe, though it be a ſinne ſimply to indamage the Common-wealth, and to expoſe our neighbours vntounto danger; yet it is no ſinne, when in a leſſer damage is contained a greater benefit. Now by ſweaing ſecrecie wee preſerue our liues, who are profitable members of the Common-wealth; and it is a greater benefit to the bodie to preſerue a ſound and good member, then to cut off ſuch a member as is vnſound and rotten. If indeede the queſtion were of treaſon againſt our Prince and countrie, then the obiection were of force, for as much as the ſafegard of the Prince and State is much more highly to bee valued then the preſeruing of our owne liues, who are but particular members and priuate perſons; and therefore ſuch an oath being pernicious to our countrie, is not to be made to eſcape the danger of death; or if through infirmitie we ſhould yeeld vntounto it, wee ought not to performe it, ſeeing it being vnlawfull doth not binde the conſcience. But to returne to our former queſtion of concealing fellons, I adde further that by refuſing ſecrecie to ſaue our liues we ſhall not at all benefit the Common-wealth, ſeeing their diſcouerie hereby is rather hindred then furthered: for whileſt wee liue it only ſtandeth vponupon the certaintie of our oath and reſolution, but being killed by them, it becommeth in reſpect of our reuealing plainly impoſſible. And we after a ſort bring vponupon the malefactor a kinde of wilfull neceſſitie of running into a more horrible ſinne then he intendeth: for where as if wee ſweare ſecrecie, he onelyonly falleth into the ſinne of theft; by denying to keepe his counſell, wee vrge him vponupon the perill of his owne life to commit the fearfull ſinne of murther, and to defile himſelfe with our innocent blood. Neither doe we expoſe our neighbour vntounto the like perill, ſeeing by this ſecrecie wee intend not the danger of his life but the ſafegard of our owne; of which if for denying ſecrecie wee ſuffer our ſelues to be depriued, he is neuer the more priuiledged from danger, yea rather he is in greater perill, ſeeing the theefe who before only robbed, is now alſo fleſhed in blood. Finally, though it ſhould be granted, that through our ſecrecie our neighbour by accident ſhould bee indangered, yet this doth not make our oath vnlawfull ſeeing we are to preferre the auoiding of our owne certaine death, before the ſecuring of our neighbour from vncertaine perill.
The fifth queſtion is like vntounto the former,§. Sect. 11. Whether oaths made through errour do bind the conſcience. and therefore needeth no long anſwere, namely, whether oathes made through error, and wreſted from vsus by deceit and fraud, doe binde the conſcience vntounto performance. I anſwere briefly, that they do bind vsus, if the things we promiſe by ſuch oathes be lawfull and in our power. A plaine example whereof wee hauehave in the oath which Ioſua and the Princes of Iſrael made vntounto the Gibeonites,Ioſ 9.9.15.18. to the making wherof they were drawn by their ſubtiltie, quite againſt their purpoſe and meaning: which oath, for the reuerence of Gods glorious name, Ioſua, and the Princes performed, and afterwards being violated by Saul, 2. Sam. 21.1.8.it was ſeuerely puniſhed by God with a grieuous famine, and the deſtruction of ſeuen of Sauls poſteritie.
The ſixth queſtion is,§. Sect. 12. VVhether an oath made by the creatures or Idols bind the conſcience. whether an oath made by the creatures, or by Idols and falſe gods bindeth the conſcience. To this I anſwere, that ſuch oathes bind the ſwearer to performance. Concerning oathes, by the creatures it is apparant, ſeeing it is the queſtion which was betweene Chriſt and the Phariſes; for they held that ſuch oathes did not binde to performance, but our Sauiour affirmeth the contrarie, and yeeldeth this reaſon; becauſe they who ſweare by the creatures, ſweare indirectly by God himſelfe,Matth. 5.34.35. and 23.21. Qei ſuper lapidem ſalſum iurat periurus eſt, &c. Non te audit lapis loquentem, ſed punit Deus te fallentem. Tom. 10. ſerm. 28. there remaining in them ſome reſemblances of his power and Maieſtie. Heauen is his throne, the earth his footſtoole, Ieruſalem his citie, the Temple his houſe. To the ſame purpoſe Auſtine ſaith, that he who ſweareth falſly by a ſtone is periured; and that howſoeuer that is not holy by which hee ſweareth, yet the Lord is holy before whom he ſweareth; and therfore though the ſtone heareth him not ſpeake, yet God will puniſh him if he doe deceiue. To conclude, our ſimple promiſe would bind vsus to performance, and therefore much more being confirmed by an oath
The like may bee ſaid of oathes made by Idols,§. Sect. 13. Of oathes made by Idols and ſalſe gods. and falſe gods; for howſoeuer it is vnlawfull to ſweare by them, yet whoſoeuer hath ſworne by them, as by true gods, he is bound to performe his promiſe: not for the Idols ſake, but for Gods ſake before whom he ſweareth; not becauſe they are true gods indeed, but in that they are ſo in the ſwearers opinion; and therefore the Turke ſwearing by Mahomet, is periured, if he doe not performe his oath; and ſo likewiſe the Papiſts, ſwearing by the Idoll of the Maſſe.
The ſeuenth queſtion is, whether oathes made in ſocieties and companies, to maintaine their ſtatutes and orders,§. Sect. 14. Of oathes made in ſocieties; and how farre forth they bind the conſcience. doe bind the conſcience; and whether thoſe who ſweare to ſuch orders, are periured if they doe not obſerue them? To which I anſwere, that amongſt theſe ſtatutes there are ſome abſolute, requiring ſimple obedience; ſome penall and conditionall, requiring either performance, or ſubmiſſion to vndergoe the mulct and puniſhment; ſome ſubſtantiall, and eſſentiall, which are the fundamentall lawes and orders, vponupon the performance whereof the good continuance and being of the corporation is grounded: which being obeyed, the ſocietie is preſerued, but being broken and violated, it is ouerthrowne and deſtroyed. Others are ceremoniall, tending onelyonly to order, and decencie, and rather for ornament, then for neceſſitie. Now as the lawgiuers require ſimple and abſolute obedience vntounto the former kind, namely, ſuch as are fundamentall, & eſſentiall, and for the better performance of ſuch ſtatutes, require an oath of the whole ſocietie; ſo according vntounto their intention, the particular members of the corporation taking their oath, are bound to yeeld ſimple and abſolute obedience vntounto ſuch ſtatutes, being not contrarie to the word of God, and if they do not, they are periured. But as the lawgiuers require not ſimple obedience vntounto ſuch ſtatutes as tend only to order & comelines, but conditional, that they muſt obey or vndergoe the mulct; ſo they ſwearing according to the lawgiuers intention, doe performe their oath in ſome manner, when they beare the penaltie for their nonperformance: although not as they ought, ſeeing the true end of lawes, is obedience, and not puniſhment; neuertheleſſe, they are hereby acquitted of periury, and in ſome caſes wholly excuſed, as when ſome neceſſarie and important cauſe mooueth them to omit a ceremoniall dutie.
The eighth queſtion is how othes are to be made and performed,§. Sect. 15. Oathes muſt be plainly made and ſimply performed. that wee may be cleere from periurie? VntoUnto which I anſwere, that we muſt both make and performe them ſimply and plainly without any manner of fraud and deceit, and in that ſenſe and meaning in which we would hauehave him vnderſtand vsus vntounto whom we ſweare, without either popiſh equiuocation, or mentall reſeruation. For this were to abuſe the Maieſtie of God, if we make him a witneſſe and ſuretie of our deceit, and to delude our neighbour vnderunder the ſhew of a religious oath. But of the two it is more wicked and pernicious when this fraud and deceit is vſed in the making of an oath, then in the performance; for that moſt commonly proceeds from maliciouſneſſe and prepenſed falſehood, whereas the other may be committed through frailtie and infirmitie; ſuddenly and vnaduiſedly.
Ninthly,§. Sect. 16. VVe muſt performe our othes made to all men. it may bee demanded, if all lawfull oathes made to all manner of perſons doe binde the conſcience, and therefore are to be performed? The Papiſts affirme and maintaine we are not to keepe faith with heretiques; and therfore othes made to them are of no force to binde the conſcience. But if this opinion were receiued,Concil. Conſtan. it would ouerthrow all contracts and intercourſe of dealing betweene nation and nation, and make voide and fruſtrate all couenants, and concluſions of truce or peace. It would alſo giuegive publike ſcandall, and cauſe thoſe who are without to abhorre our religion, as maintaining fraud and perfidious trecherie; and finally, Gods name ſhould be abuſed and diſhonoured, which is called vponupon to countenance falſehood and breach of promiſe. We therefore maintaine and hold that all lawfull oathes doe bind the conſcience, vntounto whomſoeuer they are made without reſpect of perſons, either friend or enemie, true profeſſor or heretique, Chriſtian or Turke, Proteſtant or Papiſt. Hauing herein for our examples the holie Patriarkes, Abraham, Iſaac and Iacob, who ſwore and performed their oathes made to idolatrous Infidels, Abimilech, Phicol and Laban. And conſequently that they who breake ſuch promiſes confirmed by oath, are periured perſons.
In the tenth place it may bee demanded,§. Sect. 17. whether any man hath iuſt authoritie to diſpenſe with a lawful oath? I anſwer,VVhether any man hath authoritie to diſpenſe vvith a lawfull oath. that howſoeuer ye man of ſin, the Antichriſt of Rome herein matching himſelfe as equall with God, arrogateth this authoritie to diſpenſe with lawfull oathes, and to free ſubiects from their ſworne allegiance vntounto their lawfull Soueraigns; yet the truth is, that no mortall man hath this power to diſpenſe with an oath being lawfull, becauſe the Lord hath by his law bound vsus vntounto performance; for he hath charged vsus not to take his name in vaine, and that wee ſhould not forſweare our ſelues, and by our periurie pollute his holy name;Leuit. 19.12. and who can countermand that which the Lord hath commanded? and he hath conioyned our lawfull promiſes with the performance of them by the religious bond of an oath; who therefore can looſe that which God hath bound? who can ſeparate and put aſunder thoſe things which by his word he hath ioyned together? Whereof it plainly followeth, that our Ieſuits, Prieſts and other Papiſts, who hauing formerly taken the oath of allegiance, and ſworne to the ſupremacie of their lawfull Soueraigne, and afterwards reconcile themſelues to the Pope, maintaine his ſupremacie, denie their allegiance to their King, and ſo violate their former oath, truſting to the Popes diſpenſation; are no better then periured perſous in the ſight of God and of all his faithfull ſeruants. Yea, but if a promiſe bee confirmed with an oath betweene man and man, may not he vntounto whom the promiſe is made, and whom it onelyonly concerneth, releaſe the other of his promiſe, and ſo free him from his oath? I anſwer, that no man hath this authoritie; for in eueryevery lawfull promiſſorie oath, the ſwearer obligeth himſelfe in a double bond, the one is from man to man, the other from man to God; now howſoeuer hee to whom the promiſe is made, may free the ſwearer from all claime and challenge of the promiſe made vntounto him, ſo farre foorth as it lieth in his owne power; yet he hath no authoritie to free him from his oath, becauſe that is not only made vntounto him, but alſo vntounto God himſelfe, and therefore he only can diſpenſe with it. And hence it is that an oth made betweene man and man is called notwithſtanding the oath of the Lord,Exod. 22.11. 2. Sam. 21.7. becauſe thereby the ſwearer hath immediatly bound himſelfe vntounto God for the performance of his promiſe; and when hee doth performe it, hee is ſaid to performe his oath, not ſo much vntounto men, as vntounto God himſelfe, as appeareth Matth. 5.33.Matth. 5.13. And herein conſiſteth a plaine difference betweene a ſingle promiſe, and a promiſe confirmed by an oath. A ſingle promiſe being only made vntounto man, may be lawfully releaſed by his conſent vntounto whom it is made: but a promiſe confirmed by oath cannot be reuerſed, becauſe it is not made to man alone, but to God alſo; who only hath authoritie to diſpenſe with ſuch oathes as are made vntounto him.
In the laſt place it may bee demanded,§. Sect. 18. VVhether it be lawfull to impoſe an oath vponupon ſuch an one as vve thinke vvil forſweare himſelfe. whether it be lawfull to impoſe an oath to be taken by ſuch an one, as, we think making no conſcience of it, will not ſticke to forſweare himſelfe, if he be put to it? I anſwere by diſtinction, that it is altogether vnlawfull for a priuate man to impoſe vponupon ſuch a man an oath, for his owne gaine or priuate reſpect; becauſe wee are bound to preferre the glorie of God, which by ſuch an oath is impeached, and the ſaluation of our neighbours ſoule, which hereby is indangered, before any worldly gaine and aduantage. And conſequently wee ought rather to loſe any worldly benefit, then that by ſuch an oath we ſhould ſuffer God to be diſhonoured, and our neighbour to loſe himſelfe. To this purpoſe Augustine ſpeaketh: Whoſoeuer (ſaith he) prouoketh another to ſweare, Qui hominem prouocat ad iurationem & ſcit eum falſum iuraturū vincit homicidā, &c. Aug. de decoll. Ioan. Bapt. ſer. 11. Tom 10. Scrm. de Periurijs. Jlle enim ſe ſuo periurio interimit, ſed iſie manum inter ficientis preſſit & impreſſit.knowing that he will ſweare falſly, he is worſe then a murtherer; becauſe a murtherer killeth but the bodie, this the ſoule, yea two ſoules at once; his whom hee prouoketh to ſweare, and his owne. Doeſt thou know that to be truth which thou affirmeſt, and that falſe which he auoucheth, and yet vrgeſt him to ſweare? Behold he ſweareth, forſweareth, and periſheth. And what haſt thou found hereby? yea thou haſt loſt thy ſelfe, who wouldeſt be no otherwiſe ſatisfied but by his deſtruction. And in another place: He that inforceth one to ſweare, whom he knoweth will ſweare falſely, is a murtherer; for he killeth himſelfe with his periury, but the other thruſteth and helpeth forward the hand of the ſelfe murtherer.
But yet a Magiſtrate may lawfully put ſuch an one to his oath, if the execution of law and courſe of iuſtice doe ſo require. For better it is that a priuate man ſhould periſh,Fiat inſtitia & ruat coelum. then that the publike adminiſtration of law and iuſtice ſhould be ſtayed and hindred: neuertheleſſe, the Magiſtrate ought in this caſe to forbeare the impoſition of an oath, if the truth may by any other poſſible meanes be cleared and iuſtice executed; and if not, yet he is grauely and religiouſlie to admoniſh the partie of the waightines of an oath, the hainouſneſſe of the ſinne of periurie, and fearefulnes of the puniſhment which doth attend it: and ſo hauing done his beſt to preuent it, he is to leaue the partie to himſelfe, and the euent to God.