Kinds of Oaths to prevent our being Perjured in taking of Them § 16. He who causes Another to Forswear himself is as Guilty of Sin as if he had done it Himself § 17. Nor is he clear who requires another to swear to that which He has reason to believe will make Him Guilty of perjury § 18. Of the peculiar Malignity of this Sin p. 26. 1 st With respect to God § 21. 2 dly To our Selves § 27. 3 dly To Other Men. § 34. CHAP. III. Wherein is shewn That All Swearing whatsoever is not forbidden under the Gospel And an Enquiry is made What that Swearing is which our Saviour has prohibited as Absolutely Evil and Unlawful p. 39. Our Saviour's words seem to Prohibit All Swearing and have been so Understood by some § 1. The meaning of Them shewn in the Three following Conclusions 1. That it was not the Intention of our Saviour to Forbid All Swearing whatsoever as simply and absolutely Unlawful under the Gospel § 3. There was no Reason why He should do it § 4. c. It is Certain He did not intend to do it § 12. c. 2. That we are not to Extend the Meaning of such Expressions to the utmost sense that the Words are capable of when it otherwise Appears that We ought not so to do § 20. 3. That to know what the true Meaning of our Saviour here was we must consider what was Amiss in the Common Practice of the Jews as to this Matter and what our Lord design'd to Correct in it § 24. The practice of the Jews enquired into § 25. Our Saviour's prohibition from thence explain'd § 27. And shewn to Forbid 1. Common-Swearing § 27. 2. Swearing Otherwise than by God only § 30. Practical Observations on Each of These And 1. As to Common-Swearing To swear in our Common Discourse with One Another is Absolutely Evil and Unlawful § 33. No Man should ever choose to Swear in Any Case where he can fairly Avoid the doing of it § 37. But especially we should have a Care of entring into Promissory Oaths as the most dangerous of any to be taken by Us. § 41. 2. As to swearing Otherwise than by God only It is certainly safest never to use any Oath but by the Name of God only § 44. It is Unlawful to swear after any Other manner for those Evil Ends that the Jews had and that Others commonly have in the Doing of it § 47. CHAP. IV. Of the several Ways of Confirming what is Spoken or Promised under the degree of an Oath How far they may be made Use of in Men's Private Conversation And for what Reason it was not sitting that Men should have been Allow'd to Go any farther p. 76. The meaning of that passage let your Communication be yea yea nay nay inquired into and the Account given by some of it Rejected § 2. That we may Repeat what we affirm or deny the better to give Credit to the Truth of what we say § 5. That we may Confirm what we say by adding an Asseveration to it § 7. And in some Cases may go yet higher and do more to confirm the truth of what we speak § 10. Whether it be lawful to Use Imprecations for this End § 15. An Enquiry made into the Reason offer'd by our Saviour why we must not go beyond those bounds viz. That whatsoever is more than these Cometh of Evil. p. 93. And the Truth of it shewn at large from several Considerations § 23. c. CHAP. V. Wherein an Enquiry is made into the Causes both of that Common and False-swearing which so much abounds in the World And some directions are offer'd for the better Prevention of Both of Them p. 112. 1 st Of the Causes of Common and False-swearing How Men come to swear so frequently in their Ordinary conversation § 4. Whence it is that they are so ready to do it on Every little Occasion § 6. Four Accounts offered of it to § 16. How Men are brought so easily to Forswear themselves § 16. 2 dly Some directions offer'd for the Correction of both these Evils Of Perjury § 23. Of Common Swearing § 29. c. The Whole concluded § 44. c. St. Mat. V. 33. * Ye have heard that it hath been said by them of Old Time * Thou shalt not forswear thy self but shalt perform unto the LORD thine Oaths 34. * But I say unto you swear not at all Neither by Heaven for it is God's Throne nor by the Earth for it is his Footstool neither by Jerusalem for it is the City of the Great King Neither shalt thou swear by thy Head because thou canst not make One Hair White or Black 37. * But let your Communication be Yea yea Nay nay * For whatsoever is more than these cometh of Evil. A Practical Discourse Concerning SWEARING CHAP. I. In which it is briefly shewn How the Case of Swearing stood with the Jews under the Law WHATSOEVER be the meaning of that Expression so often repeated in this Chapter and made use of by our Saviour as an Introduction to the Duty He was here about to propose to us Ye have heard that it hath been said BY or rather TO Them of Old Times Whether in those words He designed to referr to the Law as delivered by Moses to the Jews Or as Expounded and Corrupted by the Glosses of Those who follow'd after Yet this I take to be without all doubt that in the Command or rather Prohibition before us there is nothing proposed to us but what may if not in Express Terms be found in the Law of Moses yet by plain and undoubted Consequence be drawn from the Words of it 2. IT has been thought by Some that what the Evangelist here renders Thou shalt not Forswear thy self was Originally delivered by our Blessed Lord in the very Words of the Third Commandment Thou shalt not take the Name of the Lord thy God in Vain And that what follows in the latter part of this Verse But shalt perform unto the Lord thine Oaths was added by him from Numb xxx 2 as an Exegetical Explication of that Precept and to shew that what he was about to deliver concerning it was principally to be understood of Promissory Oaths and to which he supposes that Commandment was always intended more Especially to referr 3. WHETHER this Conjecture be Good or no yet this at least we may be Confident of That we cannot take a better Course to Understand what our Saviour meant to prescribe to us Christians as to this point of Swearing than to consider How the Case of an Oath stood heretofore under the Law and What God proposed to the Jews concerning it 4. AND here 1st It is certain that it was in the general permitted to Them to Swear provided that They did it with that Due Care and after such a Manner as I shall presently shew God required Them to Do it 5. THIS in many
any less as it respects our selves 28. FOR proof whereof I must observe that in every Oath God is appeal'd unto not only as a Witness of the Truth of what we say but as a most just and powerful Judge too to punish us for our falshood if it be not 29. THIS is so Essential to the Nature of an Oath that without it all the security of such an Appeal would be quite lost and the design of Swearing overthrown For what reason would any one have to believe another upon his Oath more than upon his Bare Word but that both he who swears and he to whom the Oath is made do believe that God is thereby made the Surety of what is spoken And will avenge both Himself first and then the Person whose Trust is by this means deceived upon that Man who shall be so presumptuous as by swearing falsly to abuse both 30. NOW this being granted and which without destroying all the Benefit and Intention of an Oath cannot be deny'd it must follow That there is hardly any Sin by which a Man does so directly wound his own Soul and cut himself off from all the hopes of Salvation as by this Because in this Sin a Man gives up all claim to God's Mercy nay more desires God so to deal with him as what he says is true that is in other words to damn him if it be not And what can he who has done this pretend to or even hope for at God's hands Who has already given Verdict against himself and with his own Mouth pronounced or rather chosen his own Doom 31. AND this I take to have been the Ground of that terrible Clause in the Sanction of the Third Commandment the like whereof we do not meet with in any other nor can we suppose that it was added to this without some peculiar design in the doing of it Thou shalt not take the Name of the LORD thy God in Vain For the LORD will not hold him guiltless that taketh his Name in vain He will not hold him guiltless that is he will not forgive him Will not treat him with that Favour he will do other sinners But will look upon him as a guilty condemn'd Malefactor one whom his own Mouth hath convicted and will punish him accordingly 32. SUCH is the Danger to which every Perjury a Man commits exposes his immortal Soul And if we may estimate the Hainousness of any Sin by the hatred which God bears to it we must then conclude this to be one of the most grievous of any as we are sure it is of all others in a singular manner odious to God and destructive of Our Salvation 33. I ADD 3dly That it is above any other Sin the most injurious to Mankind as being in its own nature directly opposite to the Peace and Security of the World 34. I HAVE already observed that the general Cause which moves any one to forswear himself is either to gratifie his own Lusts or to promote his Interest tho' at the Cost of his Neighbours Welfare And I believe whosoever shall consider the main Instances wherein this Sin is usually committed will find that I was not mistaken in my Judgment of it 35. BUT the Evil does not stop here but often times affects the Publick as well as violates Mens Private Rights Such are all those Perjuries which are committed in the Publick Administration of Justice and by means of which either Honest Men are Condemned or Evil-doers are Acquitted and the Ministers of Justice are made the Instruments of Vnrighteousness and all the Ends of their Institution are rendred not only Vseless but even Hurtful to the Common-wealth 36. AND thus far every single Act of Perjury is an Offence against Man as well as a Sin against God But now if we shall consider the Nature and Tendency of such a Practice in the general and reason upon the proper and natural Effects of it we shall find it to be a Common Abuse of Mankind Destructive of the very Foundation of Humane Society and which being allow'd of must tend to the overthrow of all Peace and Right and Property in the World 37. AND that I thus prove The Foundation of all Society and without which no Affairs of Life can be transacted is that Common Trust and Confidence which Men naturally have in one another Without this no State no Community tho' never so small not a Private Family can subsist There can be no dealing with nor dependance upon one another Every Man must become afraid of his Neighbour and not account his Goods or even his Life it self any longer his Own than he can guard them against the Cunning or Force of the next Man he meets and who for ought he knows may design to rob him of both 38. WHICH being so it must follow That whatsoever does in its own nature tend to Overthrow this Trust between Man and Man must be look'd upon as a Crime against Humane Society because it naturally leads to the destruction of it 39. NOW that Perjury in the most outrageous manner does Inasmuch as it violates the strongest Security that one Man is capable of giving to Another of his Truth and Sincerity And therefore the false swearer is so far from deserving any Favour of Men that were he dealt with as he ought to be he should be accounted to have forfeited all Right to the Benefits of Society Should be treated as a kind of Out-law in the Common-wealth an Enemy to Truth and Justice to Peace and Property and no longer under the Protection of those Laws by which others are preserved in their Rights and Liberties 40. AND now when such is the apparent Malignity of this Sin that it renders Men not only Obnoxious to God's Vengeance but even Vncapable of his Mercy and as if that were not enough exposes them to the Resentments of Mankind too One would think nothing more could be desired to draw Men off from the practice of such a Vice as at once bespeaks them unworthy to live upon the Earth and without a very extraordinary Repentance will be sure to shut them out of the Kingdom of Heaven 41. IT is indeed a Matter of very sad Consideration to think that under so Pure and Holy so Just and Sincere an Institution as that of the Gospel there should be any need either of laying down any Rules for the Prevention of such a Sin or of Vsing any Arguments to draw Men off from the Commission of it But alas Experience shews that there is at this day but too much need of Both. And that after all which either the Commands of God or the Laws of Men have been able to do for the Suppression of it yet by reason of False-swearing not only Mens Souls suffer but our very Land its self mourneth 42. I SHALL conclude these Reflections with the same Exhortation that the Prophet Zachary heretofore made to the Jews under much the same Circumstances with ours at
more than ordinary Occasion shall require their doing of it so were it much to be wish'd that the Necessities of Government would permit that an Oath should never be imposed upon nor required of any but upon some greater Exigence to be sure more seldom than now it is And that when it is required such Care should be taken in Administring of it as to Raise in Mens Minds a serious Consideration of what they are about At least that it should be so done as not to prompt them to a Dis-esteem of it through an over-hasty and irreverent Dispensing of this great Obligation 44. AND thus have I shewn by what Means if by any not only Perjury but Common and Profane-Swearing may be most like to be Corrected and Suppress'd And for Engagements to move every one of us to use our best Endeavour in the Accomplishment of so good and profitable a Design I shall only add thus much to what I have already offer'd in the Prosecution of this Subject That if we have any Regard to God's Honour If any Concern for our own Souls If any Zeal for the Publick Good All these call upon us to do what in us lies to reform both our selves and others as to this Matter 45. THAT by Common and Customary but especially by False-Swearing God's Majesty is abused and his Wrath and Vengeance very eminently provoked the necessary relation which every Oath has to him sufficiently speaks 46. THAT therefore by such Practices Mens Souls must be greatly endanger'd both the Denuntiations of God against such Offenders and the Quality of the Sins themselves effectually assure us But especially by the Sin of Perjury which it may be is of all others a Sin the most hard to be forgiven because it is the most hard for any one according to the Principles of Christianity sufficiently to repent of it 47. INDEED were a bare Conversion towards God enough to wash away the Guilt of it a Man might by God's Grace be brought to such a deep sense of his Sin and to so hearty a Contrition for it as to deliver himself from the Danger of it But if by our Perjury we should chance not only to have abused the Majesty of God but to have ruined our Neighbour too Should we have Robb'd him of his Estate his Reputation or even of his very Life its self and in none of all which we can make him any tolerable Compensation How can we ever hope that God will be reconciled to us whilst we lie under such an utter Incapacity of ever making an amends to our Neighbour 48. AND then lastly For the Interest which the Publick has in the Suppression of such Swearing I have already shewn that Truth and Fidelity are the great Bases on which all Society is founded and without which there could be no Peace no Security no Right or Property in the World And therefore whatsoever is in any wise apt to undermine these as Perjury directly does and as Common-Swearing naturally tends to do ought to be avoided and discouraged by all who either love their Own Welfare or have any regard to the Publick Good I shall conclude this whole Discourse with that Exhortation of St. James which I have so often referr'd to in it James v. 12 Above all things my Brethren Swear not Neither by Heaven neither by the Earth neither by Any Other Oath But let your Yea be Yea and your Nay Nay lest ye fall into Condemnation FINIS * Viz. in 21 Jac. I. * See 5 E. â—iz c. 9. * 21 Jac. 1. c. 20. And so in this last Act of K. William to the same purpose * In the Theodosian Code we find an Ecclesiastical Law of Valentinian directed to Pope Damasus and Read in the Churches of Rome Anno 370. God Th. Lib. xvi leg 20. But Sulpicius Severus carries us yet higher and mentions the Reading of the Emperour's Letter there Anno 355. And Gothofred in his Comments upon that Law adds several other Instances of the like Nature Such were the Law of Theodosius the Younger against Nestorius and especially the Letter of Constantine the Great in favour of Athanasius which he order'd to be publish'd in the Churches of Alexandria And that this Custom held still on the other Instances of that learned Man plainly shew To which add the Tome of Union set forth by Constantinus Porphyrogenitus and publish'd every Year in the Churches in the Month of July Vid. Matth. Blastar Lit. T. cap. 14. And it appears from the Novels that the Imperial Laws were not only publish'd in the Churches but were laid up in their Archives and fix'd upon Tables in the Porches and Avenues of them and directed to the Bishops for that end Novell viii c. 14. * Mat. v. 37 c. Chap. I. Chap. II. * Cicer. de Offic. Lib. iii. †Vid. Commentarium Gothofredi in Lib. ii Cod. Theodos. Tit. ix Leg. 8. * Vid. Leg. Citat Arcad. Honor. contra Perjuros Tho' Perjury in Judiciary Causes was before punish'd with a Civil Penalty Vid. Gothofred ibid. ‖ Diodor. Sicul. Lib. 1. pag. 69. * See 11 H. 7.24 25.23 H. 8.3.13 Eliz. 25. ‖ See 6 Assize 7.30 Ass. 24.40 Ass. 20.41 Ass. 18. Glanvil lib. ii cap. 19. Bracton lib. iv tract 5. cap. 5. Fortescue cap. 26. And the Summ of all is this That he who violated his Oath in a Judicial Process should lose the Benefit of the Law his Wife and Children should be turn'd out of Doors his Fields should be ploughed up his Gardens and Orchards be spoil'd his Goods and Chattels should be forfeited to the Kings and himself be condemn'd to Perpetual Imprisonment This was the Law in the Case of a Petty Jury attained for a false Verdict See Coke 1 Instit. lib. iii. cap. 8. §. 514. And it seems to have been taken from the Laws of King Alfred upon the like occasion Vid. leg Alfred §. 1. But for other Perjury it has been question'd whether there was any provision made by the Common Law before the 3d of Hen. vii See Dyer 7 8 Eliz. fol. 242. b. And 1 Crook p. 520 521. Tho' yet the Mirrour seems to speak in general of Perjury and the punishment of it Ch. iv §. 19. And the Law of King Alfred before mentioned extends even to Promissory Oaths Vid. l. c. cap. de Jure-jurando Chap. III. * Vid. Greg. Presb. in Vit. Greg. Naz. Et Greg. Naz. carm de Vit. suâ To. ii p. 18. A. * Basil in Psal. xiv· Chrys. Hom. xvii in Matth. Theodoret Epit Div. Decret c. xvi Epiphan Haer. lix Athanas Serm. De Passion Crucef Dom Tom. I. p. 995. * That this was the sense of Greg. Naz. one of the most eminent Opposers of Swearing in those days is evident from that Excellent Discourse of his which still remains to us against those who Swear much Where first he advises if it may be as most safe not to Swear at all But if that cannot