Four Treatises Dissuading from Four Heinous and Common Sins, Treatise 1 · Chapter 9
CHAP. IX. Of the diuers kinds of Periurie.
ANd thus much generally concerning Periurie.§. Sect. 1. In the next place we are to ſpeake of the kinds therof, the which may be diſtinguiſhed according to the ſeuerall kinds of a lawfull oath; for as a true and lawfull oath is either aſſertorie, which is the affirmation and confirmation of the truth, concerning that which is paſt, or preſent, by an oath; or elſe promiſſorie, whereby wee bind our ſelues by oath to performe our promiſe concerning things to come: ſo likewiſe, periurie is either aſſertorie, or promiſſorie.
Aſſertorie periurie is, wherby wee ſweare that to bee true,Of aſſertorie periurie. which we either know or thinke to be falſe; or contrariwiſe, that to be falſe, which we either know or thinke to be true. So that there are two ſpeciall kinds of this periurie; the firſt, when as we confirme by oath that which we know certainly to be falſe; the other, when as we ſweare that to be true, which we thinke is falſe, though afterwards it may fall out to be true. For though the thing be true, yet he who taketh the oath ſweareth falſly, becauſe his ſpeech agreeth not with his mind, and his ſcope is to deceiue him to whom he ſweareth, and conſequently it is no better then plaine periurie, and all one in Gods ſight as if the thing were falſe: for as the maine end of a lawfull and religious oath is the confirmation of truth; ſo the end of periurie is falſhood and deceit.
Promiſſorie periurie is, whereby we either plainly or cunningly promiſe that by oath, which wee intend not to performe;§. Sect. 2. Promiſſorie periurie, vvhat it is. or hauing at the time of the taking our oath, purpoſed after a lawfull manner to performe it, yet through inconſtancie, change our minds, and will not doe it when as we may, the thing promiſed being both lawfull and poſſible. Whereby it appeareth, that there are two ſorts of this periurie alſo; firſt, when as we intend at the making of our oath, not to performe it, which is a horrible and high degree of wickedneſſe, when as wee call vponupon God by oath, not onelyonly to be a witneſſe and Iudge of that we ſweare; but alſo our ſuretie that we will keepe our promiſe, in the meane time intending nothing leſſe then to performe our oath. The other is, when hauing at the taking of our oath ſimply, and ſincerely promiſed that which we purpoſed to performe, wee afterwards vnconſtantly breake our promiſe, becauſe wee either thinke, or find it inconuenient, howſoeuer the thing promiſed be both lawfull and poſſible. And both theſe are done two waies; firſt plainly, when as our promiſes are manifeſt and void of al ambiguitie; the other cunningly, when as of ſet purpoſe to deceiue, we frame our words ſo ambiguouſly and doubtfully, that propounding them in one ſenſe vntounto him who taketh our oath, we may vnderſtand them in another; and ſo performe our oathes not according to the outward appearance of the words, and as the other conceiued of them, but according to that meaning which we hauehave ſecretly framed vntounto our ſelues: as if a Captaine in warre hauing taken many priſoners, ſhould bind himſelfe by oath to the enemie to deliuer halfe the Captiues, vponupon ſuch a ſum deliuered for their ranſome, and hauing receiued the price according to couenant, ſhould in ſtead of halfe the number, as the other vnderſtood him, ſend halfe the bodies of the whole number, as in his oath he guilfullie intended: or like Cleomenes, Plutarch in Lacon.hauing made peace with a Citie for certaine daies, ſhould aſſault and ſacke it in the night. But this cunning doth not leſſen and extenuate the periurie in Gods ſight, but rather doth much aggrauate it, ſeeing therunto is added fraud and deceit.