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A61779 De juramento seven lectures concerning the obligation of promissory oathes / read publicly in the divinity school of Oxford by Robert Sanderson ; translated into English by His Late Majesties speciall command and afterwards revised and approved under His Majesties own hand. Sanderson, Robert, 1587-1663. 1655 (1655) Wing S589; ESTC R30543 102,036 294

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without any scruple That amongst the Jews from the time this custome of swearing by the creature waxed strong the reverence of oathes decayed very much is most apparent by the words of our Saviour Mat. 5. 23. Which two places laid together afford a sense tending to the correction of a double perhaps a treble errour First that the Jews granted unto themselves so they abstained from the Name of God liberty of swearing in every trifle Secondly that they thought it no sin to sweare though by God if that were true which they sware Thirdly that whilest they sware but by the creature and not by God they thought a falsehood no perjury for so they perversely interpreted that place Thou shalt not for swear thy self but shall render thy oathes unto the Lord. Wherefore Christ teacheth that oathes taken not in the Name of God but of creatures are as truly oathes and as fully obligatory as those wherein God is expresly mentioned And thus much shall suffice for the former case SECT III. THe latter case is of an oath made by Idols or false Gods For solution of the doubt in this case First I say that such oathes are simply unlawful apparently Idolatrous and expressely prohibited by God for they direct the true worship due unto the true God only unto Gods which are not true contrary unto the precept Deut. 6. 13. Thou shalt fear the Lord thy God and serve him and swear by his Name And God himself grievously upbraideth his people with this sin Jer. 5. 7. How saith he shall I pardon thee for this Thy children have forsaken me and sworn by them that are no Gods Secondly I say that such oaths oblige upon pain of perjury and ought to be observed and that he who hath violated his faith so given in a lawfull thing is perjured so saith Augustine Because he hath sworn by such as he ought not and done contrary to his oath that which he ought not to have done he hath committed double sin And again he who sweareth by a stone if he swear a falsehood is perjured You may perhaps object that this wherein God is not invoked witnesse seeing a false God is no God can be no oath and therefore is not obligatory I answer though a false God be indeed no God because as truth and ens so falsehood and non ens are convertible he is neverthelesse a God in the opinion of him who sweareth which is sufficient to induce obligation And therefore such an one ex Hypothesi is a true oath to wit the erroneous Conscience of the party supposed forasmuch as he is bound in conscience to perform the thing which according to the judgement of his conscience he hath confirmed by an oath Where faith sworn by a false god is violated injury is done unto the true God Because the party swearing Though under false markes yet by a generall comprehension reflecteth upon Divine power Whence Augustine The stone doth not bear thee speaking but God punisheth thee not performing alluding as I conceive unto the solemn rite of the Romans where the party swearing held a flint in his hand and pronounced these words If I knowingly deceive let Jupiter cast me from all good men as I this stone which said he threw the stone immediately from him and they who had performed this ceremony were said Jovem Lapidem jurare He therefore who forsweareth by a false god shall finde the true God revenger of his perjury and contempt of Divine Power and Religion saith the Author of the Book of Wisdome Nay Augustine is so confident that he feareth not to affirm it lesse evill to swear by a false god truly then by the true God falsely Which speech of his may not be understood at large and upon the whole matter but strictly as to the falsehood and perjury which in that place are only considered Thirdly I say upon the obligatory power of this kinde of oath dependeth the solution of that question which was put by one Publicola unto blessed Augustine handled at large by the Author in his whole Epistle 15. 4. Whether it be lawfull to require an oath of one who we know will swear by Idols Augustine holdeth the affirmative and proveth it first by example of Abraham who confirmed the League contracted with Abimelech by oathes mutually given and received Gen. 21. and of Jacobs Covenant made with Laban Gen. 31. Then by reason because otherwise there would be no convenient means whereby Leagues might be made and publick faith and peace preserved with Idolaters nor doth the true God any where forbid the good use of faith though wickedly sworn by false gods If it be said that this were to partake of anothers sin Augustine answereth we do not by this means associate our selves with him who sweareth by false gods Devils in the evill of sin but in the good of his contract whereby he engageth and performeth his faith And so much for the second doubt SECT IV. THe third doubt followeth which considereth the manner of expression and verball form of an oath The reason of the doubt is that seeing every oath truly and formally such obligeth under guilt of perjury but not such forms as are not oathes it were needfull we should be able amongst those forms which seem to be oathes by some note or character to know which are and which are not properly and formally oathes In which matter I confesse of so many of the Casuists as in this straightnes●e of time I could peruse I finde none satisfactory some of them touching this question lightly others handling it indistinctly To the end therefore I may propose something concerning this point more distinctly as my hast to other things will permit It is to be noted that unto a bare assertion or promise some confirmation of faith is usually added and that by Asseveration Obtestation or by an Oath which three albeit they may seem little distant and rather to differ in degree then kinde neverthelesse intrinsecally formally and specifically they are each distinct from other It is true this distinction through their affinity the end at which they aim and words whereby they are expressed is oftentimes so obscure that it is very hard either not altogether to confound them or skilfully and dexterously to distinguish them Wherefore that every one of these may be the better discerned from other four things which may serve as tryals of every form of speech whether it be an Oath an Obtestation or meer Asseveration are to be considered viz. The form of words the proper and genuine sense of the same the custome of the Countrey and the intention of the party swearing SECT V. FIrst it may be sometimes sufficiently apparent by the very Form of the words whether a man have sworn or not Swear unto me that you will give me an hundred I swear or By God I will or I promise Before God I will or As God help me I will give you them If any
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 Gen. 24. 9 Josh. 9. 15. Mat. 14. 7. Psal. 95. Psal. 56. 6. Psal. 12. 5. Psal. 110. 4. Psal. 132. 11. Jer. 4. 2. Amos 6. 12. Hor. 3. lib. 2. Ode 1 Cor. 15. 23. Gen. 41. 15. Mat. 5. 34.