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The Obligation of Promissory Oaths · Robert Sanderson

The Obligation of Promissory Oaths, Index

An exact and large Table, of the most remarkable things contained in this Book.

The Number denotes the Page.

ABraham's league with Abimelech, 163

Accessaries extinct by the principal ceasing. 249

Act of an Oath implies reverence of the Divine Name. 8

Advisement to be took before one swear. 206

All obligation to duty, respecteth duty de futuro. 30

Any man may recede from his own right. 252

Asseverations, Attestations, and Oathes differ. 164

Assuerus …is oath to Esther. 96

B.

Bond of an Oath is indispensable. 234. 247

By my faith, and by my truth, are oathes. 167. 175

C.

Childrens oaths. 109

Christ generally forbids unnecessary oathes. 171

Commutation of an oath is unlawful. 242.

Confirmation the true end of an oath. 13

Conscience to be preferred to fear of punishment. 27

Cydias his oath. 240

D.

Davids oath touching Nabal. 19

Debts twofold. 25

Definition of an oath.

Dictates of conscience, binde us not to act against it. 84

Difference between an oath and a vow, 10. between an oath and an assertion. ibid.

in Doubtful matters the safest part is to be taken. 53

Doubting of an oath. 223

Drunken mens oathes. 111. it is unfit for them to swear. 112

Duty of subjects perpetually obligatory. 246

E.

Efficient cause of an oath twofold. 105

Egyptians oathes. 157. 170

Enraged mens oathes. 111. it is unfit for them to swear. 112

Error in the substance makes the oath invalid. 134

Every oath is in its nature binding. 30

Evill can receive no validity from an oath. 76

Exceptions and conditions to be prefumed in oathes. 54

Excessive curiosity of method to be avoided. 65

Extent and latitude of an oath. 215

F.

Faith and justice, firm bonds of humane society. 14.

Final cause of an oath. 16. 218

First and second intension of an oath. 216

Force of words. 167

Formes of oathes. 149

Formes of words. 165

G.

God swearing. 21

God chiefly called for a witnesse in all oaths 8. especially in true and formal oathes. 9

God is invocated in all oathes. 10

God not to be invocated as witnesse, but in doubts worthy his vindication. 93

H.

Hannibals oath. 108

Habit of swearing. 220

Heirs of the party s…earing, how far bound by his oath. 126

Herods oath. 4. 19. 97

He that …wears by Idols, swears by them he thinks to be Gods. 9

How to know whether a man have sworn o… …o. 163

I.

Jacobs covenant with Laban. 163

Jesuites defend AEquivocation. 194

Impossible things oblige not. 60. things may be impossible three wayes. ibid.

Impulsive causes of oathes. 130. they are twofold. ibid.

Intention of the party how to be judged. 130

Intention frees not a man from perjury. 224

Internal formes of oathes. 188

Josephs oath. 169

Joshuas oath. 19. 132

Irritation of a lawful Superior, cancels the bond of an oath. 247

Judahs oath to Thamar. 219

L.

Law twofold. 23

Lawful power required in an oath. 206

Lawful to swear to an Infide…. 122

M.

Madmens and fools oathes. 109

Manichees did swear frequently by the creature. 159

Matter of an oath either indefinite or definite. 66

Mentall reservation in oathes. 198

Minde and intention of the party swearing. 176

O.

Oathes of those who are not in their owne power. 115. without his consent in whose power they are. 117

Oathes made to Infidels ought to be kept. 122

Oathes are personall bonds. 127

Oathes obtained by fraud. 132

Oathes extorted by fear 135. by a slight fear 136. they bind. ibid.

Oathes made to Theeves are binding. 138

Oathes by signes without words. 151

Oathes by the creature 153. are unlawfull ibid. it is good to abstain from them, 157

Oathes made by Idols 160. are double sin. 161 yet they are obligatory. 162

Oathes according to the custome of the countrey. 174

Oathes given to Princes. 183

Oathes of Allegiance taken by Jesuites. 200

Oathes of Allegiance. 73

Oathes upon condition. 215

Oathes in complement. 221

Oathes religious acts. 6

Oathes ends of all contradictions. 13

Oathes are the greatest humane faith that can be. 15

Oathes assertory and promissory. 17

Oathes invoke God both as a witnesse and a Judge. 21

Oathes oblige the conscience. 29

Oathes instituted of God. 45

Oathes make not former Obligations void. 58

Oathes of things simply impossible, are not obligatory nor lawfull. 66

Oathes against the law of a community. 80

Oathes of things which the parties swearing think to be unlawfull. 82

Oathes impeditive of some future good. 86

Othes tending to some ones hurt. 88

Oathes giving scandal hinder them not from binding. 92

Oathes in cases indifferent both lawfull and binding. 93

Oathes binde in the matter of least moment. 94

Oathes of homage and Supremacy. 98

Oathes of members of Communities. 99

Oathes are of those things which are not evill in themselves, 264. nor desirable, ibid. good because necessary. ibid.

Oathes not to be taken with reluctancy, nor an unsatisfied conscience. 269

Object of an oath is a doubtful thing. 11

Obligation what it is. 23. it is twofold. 26

Obligation of conscience, ariseth precisely out of the debt of duty. 27

Obligation of an oath is stricti juris. 48. tempered with equity, but not corrupted with favour. 49

P.

Paulus Cortesius, and Peter Bembo too much affected to elegancy. 35

Perjury is of three sorts. 38

Perjury not taken away by any kinde of simulation. 41

Philosophers and Divines are not to affect oratory. 36

Pomponius his oath. 140

Promissory oathes. 17. under them Comminatory oathes are comprehended. 19. what difference between them and Assertory oathes. 29. to be understood in that sense as thé party to whom the oath is made intendeth. 209

Proper matter of an oath. 15

Proper obligation of a promissory oath. 31

Q.

Qualities required in one who deferreth an oath. 120

R.

Rational judgement required in an oath. 106

Relaxation freeth a man from his oath. 250 availeth nothing in contracts of Matrimony. 256

Religion of an oath alwayes held most sacred. 7

Regulus his oath. 123

Rights of Rulers over their subjects perpetual. 246

Rights fitting to be in Divine worship. 180

Rites of the Old Testament all alike lawfull or unlawful. 181

Romans oath. 170

S.

Sense of an oath how to be taken. 190

Silences sworn to Theeves. 144

Simplicity becometh an oath. 37. to which two kindes of simulation are repugnant. 39

Simulation is against the third Commandement. 47

Single and double truth. 228

Sins against the Conscience are grievous. 83

Solemne rites of oathes. 178

Solemnity of the act aggravates the sin of an oath. 183

Some things require a milder interpretation. 51

Some legall rites of society appertain even to theeves. 140

Solution of the bond of an oath what it is 229. proper to a promissory oath. 227

Solomons oath to Bathsheba. 96

Speech of ambiguous and indefinite sense, before it be distinguished, is no proposition. 212

Spontaneous oathes forbidden unlesse it be upon necessary and weighty occasions. 131. 307

Summary of what is contained in the book. 3

Superfluous things not to be put in definitions. 10

T.

Tacite antecedent consent. 118. subsequent. 119

Things cannot by their mixture produce a new species, without some reall immutation. 24

Things unlawful ex accidente. 82

Two swearing mutually. 125

Twofold obligation may arise out of an oath. 143

U.

Verball forms of oathes. 163

Verball equivocation in an oath. 192

Unlawfull things oblige not. 53. 61

Unlawful things several wayes. 76

Unlawfull things secundario. 78

Unlawfull oathes to be refused, even to danger of life. 121

Unlawfull to promise any thing to an evill intent. 218

Undue exaction of an oath is a grievous sin. 267

Vows made to God, and oathes to men are the strongest of all obligations. 29

Use of oathes lawfull. 257. in common discourse unlawfull. 259

Use of promissory oathes in justice. 266

W.

What ought not to be performed, ought not to be sworn. 63

What truth is required in a promissory oath. 227

What is not of faith is sin. 269

What are not fit matters for oaths, 12. what are. ibid.

Who swears by the creature, doth it some way inrelatio… God. 9

Whosoever is obliged, is obliged to another. 58

Why an oath called Sacrament. 7

Will cannot be forced. 142

Words are interpreters of things conceived in the minde. 150

FINIS.

End of the text · Robert Sanderson, The Obligation of Promissory Oaths (1655)