The nature and usefulness of solemn judicial swearing with the impiety and mischief of vain and false-swearing in a sermon preached July 14th, 1681, in the cathedral church of S. Peter in York at the assizes for that county / by Thomas Comber.
         Comber, Thomas, 1645-1699.
      
       
         
           1682
        
      
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             The nature and usefulness of solemn judicial swearing with the impiety and mischief of vain and false-swearing in a sermon preached July 14th, 1681, in the cathedral church of S. Peter in York at the assizes for that county / by Thomas Comber.
             Comber, Thomas, 1645-1699.
          
           40 p.
           
             Printed by S. Roycroft for Robert Clavell, and are to be sold by Richard Lambert,
             London :
             1682.
          
           
             Reproduction of original in the Harvard University Law School Library.
          
        
      
    
     
       
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           Oaths -- Sermons.
           Sermons, English -- 17th century.
        
      
    
     
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           THE
           NATURE
           and
           USEFULNESS
           OF
           Solemn
           Judicial
           SWEARING
           ,
           WITH
           THE
           IMPIETY
           and
           MISCHIEF
           OF
           Vain
           and
           False-SWEARING
           :
           IN
           A
           SERMON
           Preached
           July
           14
           th
           ,
           1681.
           
           IN
           THE
           Cathedral
           Church
           of
           S.
           PETER
           IN
           YORK
           ,
           At
           the
           ASSIZES
           for
           that
           County
           .
        
         
           By
           THO.
           COMBER
           ,
           
             D.
             D.
             Prebendary
             of
             YORK
          
           .
        
         
           
             
               And
               thou
               shalt
               Swear
               the
               Lord
               liveth
               ,
               in
               Truth
               ,
               in
               Judgment
               ,
               and
               in
               Righteousness
               ,
            
             
               Jerem.
               IV.
               2.
               
            
          
        
         
           LONDON
           ,
           Printed
           by
           
             S.
             Roycroft
          
           ,
           for
           
             Robert
             Clavell
          
           ,
           and
           are
           to
           be
           Sold
           by
           
             Richard
             Lambert
          
           Bookseller
           in
           York
           ,
           1682.
           
        
      
    
     
       
         
         
         
           
             HEBREWS
             VI.
             16.
             
          
           
             For
             Men
             verily
             swear
             by
             the
             Greater
             ,
             and
             an
             Oath
             for
             confirmation
             is
             to
             them
             an
             end
             of
             all
             strife
             .
          
        
         
           AS
           Almighty
           God
           is
           the
           Creator
           ,
           so
           he
           is
           also
           the
           Governour
           of
           all
           the
           World
           ,
           and
           hath
           an
           unquestionable
           right
           to
           rule
           over
           every
           Creature
           ;
           He
           was
           the
           Maker
           ,
           and
           
             is
             the
             Judge
             of
             all
             the
             Earth
          
           a
           .
           And
           though
           he
           doth
           not
           exercise
           this
           Power
           immediately
           ,
           because
           mortal
           Men
           cannot
           suffer
           the
           glories
           of
           his
           dazling
           and
           illustrious
           presence
           ,
           yet
           he
           ordains
           the
           Rulers
           of
           the
           World
           to
           be
           his
           Vice-gerents
           :
           
             There
             is
             no
             Power
             but
             of
             God
             ,
             the
             Powers
             that
             be
             are
             ordained
             of
             God
          
           b
           ;
           and
           he
           expects
           we
           should
           
             be
             subject
             to
             them
             for
             his
             and
             for
             Conscience
             sake
          
           c
           ;
           since
           their
           Authority
           is
           of
           Divine
           Original
           ,
           which
           the
           Scripture
           intimates
           ,
           in
           calling
           Judges
           by
           the
           name
           of
           
           Gods
           d
           (
           a
           Title
           commonly
           given
           them
           by
           the
           Jews
           )
           as
           also
           in
           declaring
           ,
           
             They
             judge
             not
             for
             Man
             ,
             but
             for
             the
             Lord
          
           e
           ;
           whence
           one
           of
           the
           Ancient
           Fathers
           brings
           in
           Almighty
           God
           thus
           speaking
           to
           the
           Judges
           ,
           
             I
             have
             given
             you
             my
             Honour
             ,
             my
             Commission
             ,
             and
             my
             Name
             ,
             therefore
             do
             you
             Judge
             as
             I
             myself
             would
             do
          
           f
           .
           Yea
           it
           was
           Law
           g
           ,
           and
           Custom
           h
           ,
           both
           of
           old
           in
           this
           Nation
           (
           as
           our
           own
           best
           Authors
           inform
           us
           )
           
             To
             place
             the
             venerable
             Book
             of
             the
             holy
             Gospels
             before
             the
             Tribunal
             of
             Justice
             :
          
           as
           an
           Emblem
           ,
           that
           they
           judged
           by
           his
           Authority
           .
           But
           there
           is
           no
           clearer
           evidence
           of
           the
           Divine
           Original
           of
           Humane
           Judicatures
           ,
           than
           the
           solemn
           use
           of
           Oaths
           ,
           there
           :
           Which
           are
           a
           plain
           recognizing
           God
           as
           the
           Supream
           Judge
           of
           all
           ,
           and
           an
           Appeal
           to
           the
           High
           Court
           of
           Heaven
           ;
           For
           though
           the
           Sovereign
           of
           the
           World
           do
           communicate
           his
           Authority
           to
           our
           Magistrates
           ,
           yet
           his
           Attribute
           of
           Omniscience
           is
           incommunicable
           ;
           they
           are
           capable
           of
           representing
           his
           Person
           ,
           but
           not
           able
           to
           discern
           the
           hearts
           and
           thoughts
           of
           others
           .
           Wherefore
           since
           there
           is
           one
           part
           of
           God's
           Judicial
           Perfections
           that
           no
           mortal
           Judge
           can
           receive
           ,
           viz.
           the
           knowledge
           of
           Mens
           
           Thoughts
           ,
           a
           point
           so
           necessary
           ,
           that
           no
           infallible
           and
           certain
           Judgment
           can
           be
           given
           without
           it
           :
           Therefore
           in
           all
           Controversies
           ,
           where
           the
           Parties
           make
           contrary
           affirmations
           ,
           there
           lies
           an
           Appeal
           
             to
             the
             greater
          
           i
           and
           higher
           Judge
           ,
           that
           is
           ,
           to
           God
           ,
           the
           greatest
           of
           all
           ;
           which
           Appeal
           being
           in
           order
           to
           end
           the
           strife
           ,
           and
           to
           find
           out
           which
           of
           the
           contradicting
           Parties
           speaks
           true
           ,
           is
           called
           
             an
             Oath
          
           ,
           and
           here
           described
           by
           the
           Apostle
           ,
           when
           he
           saith
           ,
           
             For
             men
             verily
             swear
             by
             the
             greater
             ,
             &c.
             
          
        
         
           And
           certainly
           this
           use
           of
           Oaths
           is
           very
           sacred
           and
           most
           necessary
           ,
           being
           a
           clear
           manifestation
           of
           God's
           glory
           ,
           an
           evident
           testimony
           of
           the
           Divine
           Original
           of
           the
           Magistrates
           Power
           ,
           and
           the
           great
           support
           of
           the
           administration
           of
           that
           Justice
           which
           is
           the
           Bond
           of
           all
           Societies
           .
           But
           yet
           there
           are
           some
           so
           ignorant
           and
           absurd
           as
           to
           deny
           they
           are
           lawful
           ,
           others
           so
           stupid
           and
           inconsiderate
           to
           take
           them
           without
           reverence
           ,
           and
           swallow
           them
           as
           Common
           things
           ;
           yea
           ,
           too
           many
           so
           Impious
           to
           use
           them
           to
           gain
           credit
           to
           what
           they
           know
           to
           be
           false
           .
           For
           the
           redress
           of
           which
           dangerous
           Errors
           and
           Impieties
           ,
           I
           suppose
           it
           will
           be
           a
           very
           seasonable
           and
           useful
           
           undertaking
           upon
           this
           Occasion
           to
           explain
           this
           piece
           of
           holy
           Scripture
           ,
           
             For
             men
             verily
             swear
             ,
             &c.
             
          
        
         
           Wherein
           we
           will
           first
           consider
           the
           Apostles
           general
           design
           in
           this
           place
           ,
           which
           will
           prove
           the
           lawfulness
           of
           Taking
           Oaths
           in
           Judicial
           cases
           .
           Secondly
           ,
           we
           will
           observe
           the
           several
           particulars
           contained
           in
           the
           words
           ;
           which
           represent
           to
           us
           ,
           1.
           
           The
           nature
           of
           an
           Oath
           ,
           
             For
             men
             verily
             swear
             by
             the
             greater
             .
          
           2.
           
           The
           reason
           of
           an
           Oath
           ,
           
             viz.
             for
             Confirmation
          
           .
           3.
           
           The
           end
           and
           use
           of
           it
           in
           Judgment
           ,
           to
           be
           
             an
             end
             of
             all
             strife
          
           .
           And
           since
           a
           Religious
           Oath
           is
           the
           foundation
           of
           all
           our
           Administrations
           of
           Justice
           ,
           the
           main
           hinge
           upon
           which
           all
           these
           Controversies
           turn
           ,
           the
           only
           security
           that
           the
           Reverend
           Judges
           ,
           the
           Jurors
           ,
           and
           the
           Witnesses
           do
           give
           ,
           that
           they
           will
           speak
           and
           act
           uprightly
           :
           doubtless
           no
           Subject
           can
           be
           more
           suitable
           or
           advantagious
           for
           this
           time
           and
           place
           ;
           which
           therefore
           we
           will
           prosecute
           in
           our
           proposed
           Method
           .
        
         
           First
           ,
           We
           consider
           the
           Apostles
           general
           design
           ,
           and
           the
           occasion
           of
           bringing
           in
           these
           words
           here
           :
           And
           we
           may
           observe
           ,
           He
           is
           here
           perswading
           the
           Hebrews
           to
           imitate
           their
           Pious
           
           Ancestors
           ,
           in
           relying
           on
           the
           Truth
           of
           God
           ,
           exhorting
           them
           
             to
             be
             followers
             of
             them
             ,
             who
             by
             Faith
             and
             Patience
             inherited
             the
             Promises
             ,
          
           v.
           12.
           adding
           ,
           that
           the
           Promise
           it self
           was
           worthy
           to
           be
           trusted
           ,
           because
           it
           had
           the
           highest
           and
           most
           solemn
           confirmation
           imaginable
           ,
           being
           secured
           by
           
             the
             Oath
             of
             God
          
           ,
           and
           that
           no
           common
           Oath
           neither
           .
           Not
           such
           as
           the
           Poets
           feign
           the
           Heathen
           gods
           took
           ,
           whom
           Lactantius
           derides
           for
           their
           swearing
           by
           the
           Stygian
           Lake
           ,
           a
           thing
           meaner
           than
           themselves
           k
           .
           But
           as
           Sovereign
           Princes
           having
           no
           equal
           in
           their
           Kingdom
           whose
           witness
           can
           add
           any
           Authority
           to
           their
           solemn
           Acts
           ,
           conclude
           them
           with
           a
           
             Teste
             meipso
          
           ,
           and
           are
           witnesses
           to
           themselves
           :
           so
           the
           King
           of
           Kings
           ,
           
             when
             he
             made
             the
             Promise
             to
          
           Abraham
           ,
           
             because
             he
             could
             swear
             by
             no
             greater
             ,
             sware
             by
             himself
             ,
          
           Ver.
           13
           ,
           14
           ,
           15.
           
           
             Confirming
             his
             promise
          
           (
           saith
           
             Philo
             )
             by
             an
             Oath
             worthy
             of
             God
             ,
             —
             and
             therefore
             he
             did
             not
             swear
             by
             any
             other
             ,
             because
             there
             was
             none
             greater
             nor
             better
             than
             he
          
           l
           .
           And
           lest
           any
           should
           object
           ,
           What
           need
           was
           there
           for
           the
           God
           of
           Truth
           to
           swear
           ,
           
             who
             is
             so
             far
             from
             being
             made
             more
             credible
             by
             an
             Oath
          
           (
           as
           the
           same
           Philo
           notes
           )
           
             that
             he
             only
             makes
             an
             Oath
             to
             be
             firm
          
           m
           ;
           
           and
           (
           as
           S.
           Ambrose
           speaks
           )
           
             He
             alone
             is
             the
             Judge
             of
             them
             that
             Swear
             ,
             and
             the
             Avenger
             of
             them
             that
             Swear
             falsly
          
           n
           .
           Therefore
           the
           Apostle
           prevents
           that
           scruple
           ,
           in
           the
           words
           of
           the
           Text
           ,
           by
           declaring
           that
           an
           Oath
           was
           not
           necessary
           with
           respect
           to
           God
           ,
           who
           made
           the
           Promise
           ,
           but
           in
           compliance
           to
           Men
           who
           were
           to
           receive
           it
           ;
           in
           condescension
           to
           their
           infirmity
           ,
           He
           was
           content
           to
           imitate
           humane
           Customs
           ,
           and
           to
           give
           the
           same
           security
           for
           his
           own
           truth
           ,
           which
           men
           are
           wont
           to
           give
           for
           theirs
           ;
           
             For
             men
             verily
             swear
             by
             the
             greater
             ,
             &c.
          
           that
           is
           ,
           This
           is
           the
           way
           (
           saith
           our
           Apostle
           )
           by
           which
           men
           confirm
           things
           uncertain
           ,
           this
           is
           the
           method
           they
           use
           to
           conclude
           ,
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           ,
           all
           doubtful
           Controversies
           where
           one
           affirms
           what
           the
           other
           denies
           ,
           the
           highest
           and
           best
           Means
           they
           have
           to
           end
           this
           strife
           (
           which
           otherwise
           would
           not
           cease
           )
           is
           to
           make
           the
           Parties
           swear
           by
           the
           Name
           of
           God.
           And
           the
           Divine
           Majesty
           was
           pleased
           to
           take
           our
           measures
           in
           transacting
           his
           Covenant
           with
           us
           ,
           for
           he
           swear
           to
           confirm
           it
           ,
           not
           by
           a
           greater
           indeed
           (
           as
           we
           do
           )
           because
           there
           was
           no
           greater
           ,
           but
           
             by
             himself
          
           .
           Gen.
           xxii
           .
           16.
           
           
             By
             my self
             have
             I
             sworn
             ,
             saith
             the
             Lord
             ,
             &c.
          
           and
           upon
           this
           
           Abraham
           did
           believe
           the
           Promise
           ,
           and
           so
           ought
           we
           also
           .
        
         
           Now
           from
           the
           words
           thus
           explained
           we
           infer
           ,
           
             That
             it
             is
             lawful
             for
             Christians
             to
             use
             an
             Oath
             for
             confirmation
             in
             solemn
             Cases
             .
          
           We
           see
           that
           God
           did
           take
           an
           Oath
           ,
           and
           
             if
             Oaths
             were
             evil
             in
             themselves
             ,
             't
             is
             certain
             God
             would
             not
             swear
          
           o
           ,
           since
           he
           can
           neither
           do
           nor
           be
           tempted
           to
           do
           evil
           ,
           James
           I.
           13.
           yea
           his
           Swearing
           certainly
           proves
           ,
           it
           is
           good
           in
           its
           own
           nature
           :
           and
           His
           Oath
           being
           designed
           to
           comply
           with
           humane
           custom
           ,
           as
           a
           confirmation
           of
           the
           Truth
           of
           his
           Word
           on
           a
           great
           and
           just
           occasion
           ;
           by
           this
           Imitation
           and
           design
           ,
           God
           hath
           ratified
           and
           approved
           our
           solemn
           use
           of
           Oaths
           in
           deciding
           differences
           .
           This
           one
           Act
           of
           his
           declaring
           it
           lawful
           to
           swear
           in
           all
           such
           cases
           .
           Besides
           ,
           the
           Apostle
           here
           relates
           the
           use
           of
           Oaths
           in
           Judgment
           ,
           supposing
           it
           universally
           practiced
           by
           
             Gentiles
             ,
             Jews
          
           ,
           and
           Christians
           at
           that
           time
           ;
           for
           he
           saith
           (
           not
           ye
           Hebrews
           swear
           ,
           or
           ye
           (
           before
           your
           Conversion
           )
           did
           swear
           ;
           but
           )
           
             Men
             verily
             swear
             ,
             &c.
          
           that
           is
           ,
           all
           Men
           do
           it
           now
           .
           Nor
           doth
           he
           on
           this
           occasion
           give
           any
           intimation
           either
           of
           his
           dislike
           of
           this
           general
           custom
           ,
           or
           that
           it
           was
           not
           to
           be
           
           allowed
           to
           the
           Christians
           so
           to
           do
           :
           wherefore
           we
           may
           conclude
           from
           his
           recording
           this
           usage
           without
           making
           any
           exception
           to
           it
           ,
           and
           his
           justifying
           it
           from
           the
           example
           of
           God
           himself
           ,
           that
           the
           Apostle
           did
           allow
           and
           approve
           this
           use
           of
           Oaths
           .
        
         
           But
           our
           obstinate
           Adversaries
           ,
           without
           considering
           how
           to
           answer
           these
           Arguments
           ,
           will
           presently
           object
           ,
           That
           Christ
           saith
           ,
           
             Swear
             not
             at
             all
          
           ,
           Math.
           V.
           34.
           and
           S.
           James
           adds
           ,
           
             Above
             all
             things
             ,
             my
             Brethren
             ,
             Swear
             not
             ,
          
           Jam.
           V.
           12.
           as
           also
           that
           some
           of
           the
           Ancients
           ,
           as
           well
           Heathens
           as
           Christians
           ,
           seem
           by
           some
           pickt
           Sentences
           to
           forbid
           all
           use
           of
           Oaths
           .
        
         
           To
           which
           I
           shall
           reply
           ,
           That
           since
           't
           is
           impious
           to
           suppose
           those
           Scriptures
           can
           contradict
           this
           Text
           ,
           it
           is
           reasonable
           to
           believe
           ,
           that
           some
           other
           kind
           of
           Swearing
           is
           there
           forbidden
           ,
           and
           not
           that
           which
           is
           commended
           here
           ;
           and
           it
           is
           very
           plain
           to
           unprejudiced
           Men
           ,
           that
           our
           Saviour
           is
           speaking
           of
           no
           other
           Oaths
           ,
           but
           those
           used
           in
           common
           discourse
           ,
           for
           the
           next
           words
           are
           ,
           
             but
             let
             your
             communication
             be
             yea
             ,
             yea
             ,
             nay
             ,
             nay
             ,
          
           ver
           .
           37.
           which
           shews
           ,
           he
           was
           treating
           only
           of
           Oaths
           in
           our
           ordinary
           Communication
           ,
           which
           might
           be
           wholly
           prevented
           ,
           
           if
           in
           our
           common
           talk
           we
           barely
           affirmed
           things
           by
           a
           plain
           yea
           ,
           or
           yes
           ,
           or
           barely
           denied
           them
           by
           a
           plain
           nay
           ,
           or
           no
           :
           and
           the
           instances
           he
           gives
           of
           swearing
           
             by
             Heaven
             ,
             by
             Earth
             ,
             by
             Jerusalem
             ,
          
           and
           
             by
             their
             Head
          
           ,
           ver
           .
           34
           ,
           35
           ,
           36.
           were
           all
           of
           that
           sort
           of
           Oaths
           which
           the
           Jews
           used
           in
           their
           usual
           discourse
           ,
           and
           not
           one
           of
           them
           was
           ever
           used
           in
           Judgment
           ,
           where
           they
           only
           swear
           
             by
             the
             living
             God
          
           ,
           Math.
           xxvi
           .
           63.
           
           Indeed
           the
           Pharisees
           ,
           to
           take
           the
           Jews
           off
           from
           the
           wicked
           custom
           of
           ordinary
           Swearing
           by
           Gods
           Name
           ,
           did
           allow
           them
           in
           their
           common-talk
           to
           swear
           by
           these
           lesser
           things
           ,
           persuading
           them
           there
           was
           little
           danger
           in
           them
           ,
           and
           no
           great
           obligation
           by
           them
           ,
           Math.
           xxiii
           .
           16
           ,
           &c.
           But
           Jesus
           reproves
           this
           false
           gloss
           of
           the
           Third
           Commandment
           ,
           declaring
           ,
           that
           in
           our
           Communication
           one
           with
           another
           we
           must
           not
           swear
           at
           all
           ,
           neither
           by
           God
           nor
           the
           Creatures
           ;
           for
           in
           our
           usual
           discourse
           a
           bare
           Yes
           or
           No
           is
           enough
           ,
           and
           whatever
           is
           more
           ,
           comes
           from
           either
           the
           evil
           custom
           of
           the
           Speaker
           ,
           or
           the
           evil
           and
           jealous
           temper
           of
           the
           Hearer
           .
           And
           S.
           James
           only
           repeats
           and
           applies
           his
           Masters
           words
           ,
           warning
           the
           Christians
           to
           take
           great
           heed
           they
           did
           not
           use
           that
           liberty
           given
           them
           
           by
           the
           Jewish
           false
           Teachers
           ,
           to
           swear
           in
           their
           usual
           talk
           by
           Heaven
           ,
           or
           by
           Earth
           ,
           or
           any
           other
           Oath
           ;
           but
           to
           be
           sure
           always
           to
           affirm
           what
           was
           to
           be
           affirmed
           by
           a
           plain
           ,
           Yea
           ,
           and
           deny
           what
           was
           to
           be
           denied
           by
           a
           single
           ,
           Nay
           ;
           lest
           they
           fell
           under
           Gods
           condemnation
           for
           profaning
           his
           Name
           p
           ;
           or
           (
           as
           some
           of
           the
           best
           Copies
           read
           )
           
             Lest
             by
             a
             common
             careless
             use
             of
             Oaths
             ,
             they
             fall
             into
             that
             accursed
             Hypocrisie
             of
             binding
             rash
             and
             false
             words
             with
             Oaths
             ,
             as
             customary
             Swearers
             use
             to
             do
             .
          
           This
           is
           all
           can
           be
           fairly
           inferred
           from
           these
           two
           places
           ,
           and
           therefore
           we
           conclude
           ,
           they
           forbid
           only
           Common
           Swearing
           ,
           and
           not
           that
           Religious
           and
           Solemn
           Swearing
           in
           Judgment
           ,
           which
           this
           Apostle
           here
           approves
           and
           commends
           .
        
         
           And
           the
           Practice
           of
           the
           best
           Christians
           abundantly
           assures
           us
           ,
           it
           was
           never
           believed
           that
           solemn
           Oaths
           on
           great
           Occasions
           were
           forbidden
           in
           the
           Gospel
           .
           
             This
             Apostle
             S.
          
           Paul
           ,
           
             who
             certainly
             knew
             his
             Masters
             mind
          
           (
           saith
           S.
           
             Augustine
             )
             did
             Swear
          
           q
           ;
           for
           his
           saying
           in
           weighty
           cases
           ,
           
             God
             is
             my
             witness
          
           ,
           Rom.
           I.
           9.
           and
           ,
           
             Behold
             ,
             before
             God
             I
             lie
             not
             ,
          
           Galat.
           I.
           20.
           are
           as
           plain
           Oaths
           (
           in
           that
           Father's
           Opinion
           )
           as
           can
           be
           spoken
           .
           And
           though
           the
           Primitive
           Christians
           refused
           to
           Swear
           
             by
             the
             Emperors
             Genius
          
           ,
           
           or
           by
           any
           of
           the
           Daemons
           ,
           since
           thereby
           they
           had
           acknowledged
           them
           to
           be
           gods
           ;
           yet
           Tertullian
           saith
           expresly
           ,
           
             But
             we
             also
             swear
             ,
             By
             the
             Emperors
             Safety
          
           r
           ,
           that
           is
           ,
           by
           God
           ,
           who
           is
           the
           Author
           of
           it
           .
           'T
           is
           certain
           the
           Christians
           were
           Souldiers
           under
           Heathen
           Emperors
           ,
           and
           yet
           they
           could
           not
           be
           listed
           without
           taking
           an
           Oath
           ,
           which
           was
           given
           to
           the
           Souldiers
           still
           ,
           even
           when
           the
           Emperors
           were
           become
           Christian
           ,
           only
           with
           some
           alteration
           in
           the
           form
           ;
           For
           then
           they
           swore
           ,
           
             By
             God
          
           ,
           and
           Christ
           ,
           and
           
             by
             the
             Holy
             Ghost
             ;
             By
             the
             Majesty
             of
             the
             Emperor
             ,
             which
             next
             to
             God
             is
             to
             be
             loved
             and
             honoured
             of
             all
          
           s
           .
           And
           Optatus
           ,
           who
           lived
           at
           the
           same
           time
           ,
           saith
           ,
           
             God
             is
             wont
             to
             be
             named
             by
             Men
             in
             swearing
             to
             consirm
             the
             Truth
          
           t
           .
           An
           ancient
           and
           genuine
           Synodical
           Epistle
           ,
           written
           from
           the
           Orthodox
           Bishops
           about
           
             Alexandria
             ,
             An.
          
           339.
           declares
           ,
           That
           the
           Christian
           People
           there
           bound
           these
           Bishops
           by
           Oath
           ,
           to
           choose
           Athanasius
           for
           their
           Pastor
           u
           ,
           and
           mentions
           Eusebius
           of
           Nicomedia
           ,
           accusing
           the
           said
           Athanasius
           ,
           and
           swearing
           to
           the
           Accusation
           w
           .
           And
           the
           same
           Holy
           Confessor
           ,
           Athanasius
           ,
           in
           his
           Apology
           to
           the
           Emperor
           ,
           clears
           himself
           by
           an
           Oath
           from
           those
           Slanders
           x
           .
           Theophronius
           ,
           a
           Christian
           
           Bishop
           ,
           begins
           his
           Confession
           of
           Faith
           in
           the
           Council
           of
           
             Antioch
             ,
             An.
          
           341.
           with
           a
           solemn
           Oath
           y
           .
           Synesius
           likewise
           ,
           a
           Primitive
           Bishop
           ,
           being
           chosen
           Arbitrator
           in
           a
           certain
           Controversie
           ,
           makes
           one
           of
           the
           Parties
           who
           was
           of
           the
           Episcopal
           Order
           ,
           
             bind
             his
             Promise
             by
             an
             Oath
          
           z
           .
           S.
           Hierom
           relates
           the
           solemn
           Oaths
           ,
           wherewith
           John
           Patriarch
           of
           Jerusalem
           a
           ,
           and
           Ruffinus
           b
           ,
           did
           confirm
           their
           Assertions
           ;
           and
           though
           both
           these
           were
           his
           Adversaries
           ,
           and
           he
           bitterly
           inveighs
           against
           them
           for
           small
           Crimes
           ,
           yet
           he
           blames
           them
           not
           for
           Swearing
           :
           and
           he
           also
           observes
           ,
           that
           S.
           Augustine
           swears
           to
           confirm
           an
           Assertion
           ,
           yet
           never
           checks
           him
           for
           it
           ,
           though
           he
           was
           then
           angry
           with
           him
           c
           .
           A
           whole
           Council
           of
           Bishops
           judging
           Sabatius
           unworthy
           of
           the
           Episcopal
           dignity
           ,
           made
           him
           swear
           ,
           never
           to
           accept
           it
           d
           .
           And
           the
           Moderator
           of
           the
           Conference
           at
           Carthage
           ,
           between
           the
           Orthodox
           and
           the
           Donatists
           ,
           solemnly
           swears
           ,
           
             by
             the
             Holy
             Trinity
          
           ,
           he
           will
           judge
           impartially
           e
           .
           Yea
           ,
           the
           Civil
           Laws
           of
           Arcadius
           and
           Honorius
           ,
           decree
           severe
           penalties
           to
           them
           who
           would
           not
           stand
           to
           those
           Agreements
           which
           they
           had
           confirmed
           by
           an
           Oath
           ,
           either
           
             by
             the
             Name
             of
             God
             ,
             or
             by
             the
             safety
             of
             the
             Emperor
          
           f
           .
           And
           
           in
           the
           Council
           of
           Toledo
           the
           Prince
           adjures
           his
           Bishops
           most
           solemnly
           to
           determine
           uprightly
           g
           .
           By
           these
           ,
           and
           inumerable
           more
           Instances
           (
           which
           we
           have
           omitted
           ,
           either
           as
           more
           common
           ,
           or
           of
           later
           date
           )
           it
           clearly
           appears
           ,
           that
           the
           Primitive
           Christians
           did
           think
           solemn
           Oaths
           lawful
           ,
           and
           frequently
           used
           them
           :
           Nor
           were
           any
           Oaths
           forbidden
           by
           the
           ancient
           Canons
           ,
           but
           only
           
             Pagan
             Oaths
          
           h
           ;
           they
           indeed
           who
           used
           them
           ,
           were
           to
           be
           Ex
           communicated
           .
           But
           none
           ever
           pretended
           ,
           that
           Christian
           Oaths
           by
           the
           Name
           of
           the
           True
           God
           were
           forbidden
           by
           the
           Gospel
           ,
           till
           the
           gross
           Times
           of
           Popery
           ;
           and
           then
           Turgot
           and
           Aldwin
           ,
           two
           Fanatick
           Monks
           of
           S.
           Cuthberts
           ,
           being
           in
           Scotland
           ,
           refused
           to
           swear
           Allegiance
           to
           King
           Malcolm
           ,
           on
           pretence
           ,
           
             Swearing
             was
             forbid
             in
             the
             Gospel
          
           i
           ;
           though
           these
           Hypocrites
           had
           Sworn
           to
           the
           Rules
           of
           their
           Orders
           before
           .
           And
           a
           little
           after
           the
           Monks
           of
           Castellion
           had
           some
           scruples
           ,
           whether
           it
           were
           lawful
           for
           them
           to
           Swear
           ,
           alledging
           the
           same
           Texts
           and
           Reasons
           that
           our
           modern
           Sectaries
           urge
           ,
           as
           may
           appear
           by
           Innocents
           Answer
           to
           them
           k
           .
           Wherefore
           it
           is
           from
           Popish
           Enthusiasts
           ,
           and
           not
           Primitive
           Christians
           ,
           that
           our
           deluded
           Quakers
           learn
           to
           refuse
           all
           Swearing
           .
        
         
         
           But
           this
           short
           and
           clear
           account
           of
           the
           Sense
           of
           Holy
           Scripture
           ,
           and
           the
           Opinion
           and
           Practice
           of
           the
           best
           Christians
           may
           abundantly
           satisfie
           all
           that
           are
           unprejudiced
           ,
           That
           Solemn
           Oaths
           in
           Judgment
           ,
           are
           not
           only
           very
           lawful
           ,
           but
           useful
           and
           necessary
           ,
           and
           have
           been
           used
           by
           all
           Men
           of
           all
           Religions
           as
           most
           Sacred
           things
           :
           
             For
             Men
             verily
             swear
             ,
             &c.
          
           that
           is
           ,
           all
           Men
           do
           so
           ,
           and
           God
           imitates
           the
           use
           ,
           and
           S.
           Paul
           records
           it
           with
           approbation
           .
           Yet
           ,
           that
           Mens
           irreverent
           taking
           ,
           and
           impious
           breaking
           of
           Oaths
           ,
           may
           not
           prejudice
           this
           useful
           Institution
           ,
           nor
           be
           an
           offence
           to
           such
           as
           are
           really
           tender
           ;
           I
           shall
           pass
           from
           this
           proof
           of
           the
           Lawfulness
           of
           Swearing
           in
           general
           ,
           to
           consider
           the
           Particulars
           of
           the
           Text
           :
           wherein
           ,
        
         
           First
           ,
           the
           nature
           of
           an
           Oath
           is
           implied
           in
           these
           words
           ,
           —
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           .
           
             For
             Men
             verily
             swear
             by
             the
             greater
             .
          
           Whence
           it
           appears
           ,
           that
           an
           Oath
           is
           an
           Appeal
           to
           a
           Higher
           Power
           ,
           to
           One
           Greater
           in
           knowledge
           ,
           who
           sees
           if
           we
           deceive
           ,
           and
           cannot
           be
           deceived
           ;
           to
           one
           Greater
           in
           Integrity
           and
           Truth
           ,
           who
           will
           not
           connive
           at
           Falshood
           ,
           nor
           respect
           Persons
           ;
           to
           one
           Greater
           in
           Power
           ,
           who
           can
           as
           easily
           punish
           as
           find
           out
           Perjury
           ,
           and
           cast
           the
           Perjur'd
           
           wretch
           into
           Hell
           Fire
           :
           wherefore
           every
           Oath
           ought
           to
           be
           made
           by
           the
           Supream
           Being
           ,
           and
           all
           that
           define
           it
           ,
           say
           ,
           it
           is
           ,
           
             The
             calling
             God
             to
             witness
          
           l
           .
           
             The
             giving
             God
             for
             the
             security
             of
             our
             Fidelity
          
           m
           ;
           and
           is
           not
           to
           be
           used
           ,
           but
           only
           
             when
             our
             words
             cannot
             be
             made
             certain
             without
             calling
             in
             the
             Divine
             Majesty
          
           n
           .
           And
           hence
           it
           is
           made
           a
           Duty
           ,
           and
           reckoned
           a
           part
           of
           Religious
           Worship
           ,
           to
           Swear
           by
           the
           True
           God
           ,
           Deut.
           vi
           .
           13.
           and
           because
           Oaths
           in
           Judicature
           were
           always
           made
           by
           Gods
           Name
           ,
           therefore
           such
           an
           Oath
           is
           called
           ,
           
             An
             Oath
             of
             the
             Lord
          
           ,
           Exod.
           xxii
           .
           11.
           and
           some
           think
           Solomon
           gives
           the
           Oath
           of
           Allegiance
           that
           Name
           ,
           when
           he
           bids
           us
           obey
           the
           King
           ,
           
             because
             of
             the
             Oath
             of
             God
             ,
          
           Eccles
           .
           viii
           .
           2.
           
           Indeed
           all
           Nations
           are
           wont
           to
           swear
           by
           their
           proper
           gods
           ;
           so
           that
           there
           is
           the
           same
           variety
           in
           Mens
           Oaths
           ,
           that
           is
           ,
           in
           their
           Religion
           .
           In
           the
           League
           between
           Hannibal
           and
           the
           King
           of
           Macedon
           ,
           they
           swear
           by
           above
           Twenty
           several
           gods
           of
           Afric
           and
           Greece
           o
           .
           And
           in
           an
           older
           general
           League
           among
           all
           the
           Grecian
           Cities
           ,
           every
           place
           was
           to
           take
           
             their
             Country
             Oath
             ,
             and
             swear
             by
             the
             greatest
             Deity
             of
             their
             own
             City
          
           p
           .
           So
           the
           Heathen
           Poet
           requires
           the
           Jew
           to
           swear
           to
           him
           by
           Anchialus
           ,
           that
           is
           ,
           as
           the
           Romans
           
           falsly
           pronounced
           ,
           
             by
             the
             living
             God
          
           ,
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           q
           And
           the
           Christians
           made
           the
           Jews
           swear
           by
           the
           Hebrew
           Names
           of
           God
           ,
           
             Adonai
             ,
             Sebaoth
             ,
             Elohim
             ,
             &c.
          
           r
           .
           And
           from
           this
           belief
           ,
           That
           in
           an
           Oath
           a
           man
           appealed
           to
           the
           God
           he
           worshipped
           ,
           sprang
           the
           custom
           of
           Sacrificing
           ,
           when
           Men
           did
           solemnly
           Swear
           s
           .
           And
           the
           use
           of
           going
           into
           the
           Temples
           and
           touching
           the
           Altars
           ,
           when
           they
           took
           a
           Religious
           Oath
           t
           ,
           to
           put
           them
           in
           mind
           they
           were
           in
           the
           immediate
           presence
           of
           that
           God
           by
           whom
           they
           swore
           .
           To
           which
           end
           also
           the
           Gentiles
           sometimes
           in
           solemn
           swearing
           touched
           the
           Images
           of
           their
           gods
           .
           u
           .
           Whence
           the
           Papists
           (
           the
           gross
           Imitators
           of
           Pagan
           Superstition
           )
           have
           derived
           their
           Swearing
           upon
           the
           Reliques
           and
           Images
           of
           their
           Saints
           ,
           to
           whom
           they
           do
           by
           this
           Act
           give
           the
           honour
           due
           to
           God
           only
           .
           As
           for
           us
           ,
           We
           swear
           by
           no
           other
           Name
           ,
           but
           only
           by
           the
           Name
           of
           GOD
           ,
           laying
           our
           hands
           upon
           the
           Holy
           Bible
           ,
           because
           all
           the
           Promises
           made
           to
           Truth
           ,
           and
           the
           Curses
           against
           Perjury
           ,
           are
           written
           there
           ,
           devoting
           our selves
           to
           want
           all
           the
           good
           therein
           promised
           ,
           and
           to
           suffer
           all
           the
           evil
           therein
           threatned
           ,
           if
           we
           swear
           falsly
           :
           And
           we
           make
           God
           himself
           the
           
           sole
           Judge
           of
           that
           ,
           to
           whose
           Omniscience
           ,
           Truth
           ,
           and
           Omnipotence
           ,
           we
           appeal
           ,
           as
           knowing
           our
           heart
           ,
           and
           call
           on
           him
           as
           the
           Witness
           of
           our
           Truth
           .
           So
           that
           this
           kind
           of
           Swearing
           is
           an
           Act
           of
           Religion
           ,
           a
           part
           of
           Divine
           Worship
           ,
           and
           was
           anciently
           called
           by
           the
           name
           of
           Religion
           it self
           w
           ,
           and
           had
           the
           Title
           of
           Sacramentum
           :
           For
           there
           is
           no
           way
           in
           the
           World
           by
           which
           we
           do
           more
           honour
           the
           Wisdom
           and
           Power
           ,
           the
           Justice
           and
           Truth
           of
           God
           ,
           than
           by
           this
           highest
           Appeal
           ;
           and
           therefore
           it
           is
           a
           part
           of
           his
           Honour
           ,
           which
           he
           will
           not
           give
           to
           any
           other
           ,
           nor
           can
           we
           swear
           by
           any
           Creature
           without
           being
           guilty
           of
           Idolatry
           ;
           the
           Creatures
           are
           our
           Fellow-servants
           ,
           and
           not
           enough
           above
           us
           to
           be
           the
           objects
           of
           our
           solemn
           Oaths
           :
           
             For
             Men
             verily
             swear
             by
             the
             Greater
             ,
             &c.
             
          
        
         
           Now
           from
           this
           account
           of
           the
           nature
           of
           an
           Oath
           we
           infer
           two
           things
           :
           First
           ,
           That
           Oaths
           are
           a
           part
           of
           that
           Religious
           Worship
           due
           only
           to
           God
           ,
           and
           so
           it
           is
           not
           lawful
           to
           swear
           by
           the
           Creatures
           .
           The
           Pharisees
           of
           old
           permitted
           it
           ,
           out
           of
           a
           pretended
           Reverence
           to
           the
           Name
           of
           God
           ;
           but
           Christ
           and
           S.
           James
           both
           forbid
           it
           .
           As
           for
           the
           Heathens
           that
           worshipped
           the
           Creatures
           ,
           no
           wonder
           if
           
           they
           swore
           by
           them
           ;
           but
           it
           was
           a
           silly
           Superstition
           in
           Socrates
           ,
           to
           swear
           by
           any
           thing
           he
           saw
           ,
           as
           a
           Dog
           ,
           or
           a
           Goose
           ,
           &c.
           that
           so
           he
           might
           avoid
           swearing
           by
           those
           he
           esteemed
           gods
           ,
           as
           Apollonius
           makes
           the
           excuse
           for
           him
           x
           :
           and
           the
           Ignorance
           of
           the
           Mahometans
           may
           make
           some
           Apology
           for
           their
           Swearing
           by
           ordinary
           Beings
           ,
           since
           their
           great
           Prophet
           swears
           in
           his
           
             Alcoran
             ,
             By
             the
             Wind
             and
             Clouds
             ,
             by
             the
             Stars
             ,
          
           and
           
             by
             Mount
          
           Sinai
           :
           But
           who
           can
           excuse
           Christians
           for
           this
           wicked
           Custom
           of
           swearing
           by
           the
           Creatures
           in
           ordinary
           discourse
           ,
           contrary
           to
           Christ's
           express
           Precept
           ?
           I
           am
           sure
           Tertullian
           reckons
           these
           kind
           of
           Oaths
           to
           be
           one
           sort
           of
           Idolatry
           y
           ;
           and
           the
           Custom
           is
           both
           foolish
           and
           impious
           ,
           Foolish
           ,
           because
           they
           swear
           by
           that
           which
           is
           less
           ,
           or
           not
           greater
           than
           themselves
           ,
           which
           neither
           knows
           if
           they
           Forswear
           ,
           nor
           can
           punish
           their
           Perjury
           ;
           Impious
           ,
           because
           it
           gives
           Divine
           honour
           to
           a
           Creature
           :
           a
           Sin
           so
           gross
           that
           the
           later
           Rabbins
           do
           condemn
           it
           ,
           and
           one
           of
           them
           says
           ,
           
             He
             that
             swears
             by
             any
             thing
             besides
             the
             Name
             of
             God
             ,
             shall
             be
             rooted
             out
             of
             the
             World
          
           z
           .
           So
           that
           we
           may
           well
           suppose
           these
           vain
           and
           wicked
           Oaths
           among
           Christians
           ,
           are
           Reliques
           of
           Pagan
           Idolatry
           ,
           
           that
           have
           continued
           ever
           since
           the
           Creatures
           were
           worshipped
           as
           gods
           ;
           as
           the
           swearing
           
             by
             Saints
          
           and
           Angels
           is
           a
           remnant
           of
           Popish
           Superstition
           ,
           introduced
           by
           those
           who
           first
           gave
           them
           Divine
           honour
           ,
           and
           therefore
           to
           be
           utterly
           rejected
           by
           us
           ,
           together
           with
           those
           Evil
           Principles
           upon
           which
           they
           began
           .
        
         
           Secondly
           ,
           we
           infer
           from
           the
           former
           description
           of
           an
           Oath
           ,
           That
           when
           we
           do
           Swear
           by
           the
           Holy
           Name
           of
           GOD
           ,
           we
           should
           do
           it
           with
           all
           the
           solemnity
           of
           a
           Grave
           and
           Religious
           Reverence
           ,
           remembring
           it
           is
           an
           Address
           to
           one
           infinitely
           Greater
           than
           ourselves
           ,
           even
           to
           the
           God
           we
           daily
           worship
           .
           We
           ought
           to
           think
           upon
           his
           All-seeing
           Eye
           ,
           his
           Almighty
           Arm
           ,
           and
           his
           utter
           detestation
           of
           all
           Falshood
           ;
           we
           should
           consider
           well
           the
           Glory
           of
           his
           Majesty
           ,
           the
           Infiniteness
           of
           his
           Wisdom
           ,
           the
           Exactness
           of
           his
           Truth
           ,
           the
           Severity
           of
           his
           Justice
           ,
           and
           the
           Terror
           of
           his
           Wrath
           ;
           and
           this
           would
           make
           us
           call
           him
           to
           Witness
           even
           the
           most
           certain
           Truth
           with
           holy
           Fear
           and
           Reverence
           ;
           This
           would
           instruct
           us
           ,
           
             not
             to
             be
             rash
             with
             our
             Mouths
             ,
             nor
             hasty
             to
             utter
             anything
             before
             God
             ,
             who
             is
             in
             Heaven
             ,
             and
             we
             upon
             the
             Earth
             ,
          
           Eccles
           .
           V.
           2.
           
           'T
           is
           evident
           ,
           that
           all
           
           Nations
           have
           so
           fully
           believed
           the
           Sacredness
           of
           an
           Oath
           ,
           that
           they
           have
           endeavoured
           to
           make
           it
           as
           Solemn
           and
           Venerable
           as
           they
           could
           .
           Orpheus
           imposed
           an
           Oath
           upon
           his
           Scholars
           (
           not
           to
           reveal
           the
           Secrets
           of
           his
           Art
           to
           Profane
           Ears
           )
           
             with
             all
             the
             Authority
             which
             Religious
             Terror
             could
             give
             it
          
           a
           :
        
         
           It
           would
           be
           too
           tedious
           to
           reckon
           up
           all
           the
           Religious
           Ceremonies
           by
           which
           the
           Gentiles
           made
           their
           Oaths
           Sacred
           :
           their
           use
           of
           Priests
           and
           
             Temples
             ,
             Altars
          
           and
           Sacrifices
           ,
           on
           this
           Occasion
           ,
           were
           all
           intended
           to
           teach
           Men
           that
           Golden
           Precept
           of
           Pythagoras
           ,
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           
             To
             Reverence
             an
             Oath
          
           ,
           and
           to
           mind
           them
           ,
           that
           they
           did
           Swear
           by
           a
           Greater
           than
           themselves
           .
           It
           may
           suffice
           to
           remark
           that
           among
           the
           Jews
           (
           who
           had
           nothing
           in
           higher
           esteem
           than
           the
           Book
           of
           the
           Law
           )
           He
           that
           took
           an
           Oath
           
             was
             to
             stand
             up
             ,
             and
             take
             the
             Book
             of
             the
             Law
             in
             his
             hand
             ,
             and
             to
             Swear
             by
             the
             most
             Holy
             Name
             ,
             or
             some
             other
             Name
             of
             God
             in
             the
             form
             of
             Invocation
             ,
             or
             Execration
             ,
             out
             of
             his
             own
             Mouth
             ,
             or
             out
             of
             the
             Mouth
             of
             the
             Judge
          
           b
           .
           And
           they
           say
           ,
           this
           is
           as
           much
           as
           if
           they
           swore
           by
           all
           that
           is
           written
           in
           that
           most
           holy
           Book
           c
           .
           In
           like
           manner
           the
           Christians
           in
           solemn
           Swearing
           
           were
           wont
           to
           lay
           their
           Hands
           upon
           the
           
             Holy
             Gospels
          
           ,
           a
           Custom
           at
           least
           as
           ancient
           as
           the
           Emperor
           Justinians
           Time
           ,
           who
           mentions
           it
           in
           his
           Laws
           d
           ;
           and
           he
           himself
           is
           recorded
           to
           have
           held
           the
           Gospels
           in
           his
           hand
           while
           he
           made
           a
           Publick
           Oath
           ,
           An.
           535
           e
           ;
           and
           that
           this
           was
           a
           Custom
           universally
           observed
           in
           those
           days
           ,
           may
           be
           seen
           by
           divers
           Instances
           in
           Procopius
           f
           .
           And
           this
           Rite
           hath
           been
           used
           ever
           since
           ,
           the
           Person
           who
           Swears
           being
           to
           say
           ,
           
             As
             God
             shall
             help
             me
             ,
             and
             the
             Contents
             of
             this
             Book
             :
          
           which
           is
           so
           great
           and
           dreadful
           a
           Wish
           ,
           that
           none
           who
           understand
           and
           consider
           it
           can
           speak
           it
           without
           trembling
           ;
           for
           since
           all
           our
           hopes
           of
           Heaven
           depend
           upon
           Gods
           help
           and
           the
           Promise
           of
           the
           Holy
           Gospel
           ,
           We
           thus
           devote
           our
           Souls
           to
           Damnation
           if
           our
           Assertions
           be
           not
           true
           .
           And
           for
           this
           cause
           due
           Care
           should
           be
           taken
           in
           all
           Courts
           of
           Judicature
           ,
           that
           Oaths
           should
           be
           administred
           with
           all
           Gravity
           and
           Religious
           Reverence
           ,
           and
           ,
           if
           possible
           ,
           by
           those
           of
           the
           greatest
           Authority
           present
           .
           Since
           the
           outward
           Solemnities
           in
           all
           Religious
           Acts
           have
           a
           mighty
           influence
           on
           the
           Mind
           ,
           and
           do
           tend
           to
           make
           Men
           perform
           them
           more
           seriously
           and
           
           devoutly
           .
           Yea
           ,
           it
           ought
           to
           be
           considered
           ,
           Whether
           the
           slight
           and
           irreverent
           giving
           of
           Oaths
           (
           too
           common
           in
           our
           Courts
           of
           Justice
           )
           do
           not
           give
           Ignorant
           and
           Evil
           men
           too
           much
           occasion
           ,
           to
           think
           the
           breaking
           of
           them
           to
           be
           a
           light
           matter
           :
           it
           would
           be
           an
           infinite
           Scandal
           ,
           if
           we
           should
           say
           our
           Prayers
           ,
           or
           receive
           the
           Sacrament
           in
           so
           hasty
           and
           slight
           a
           Manner
           ;
           yet
           an
           Oath
           is
           a
           part
           of
           Gods
           immediate
           Worship
           ,
           as
           well
           as
           Prayer
           and
           Sacraments
           ,
           and
           this
           is
           as
           direct
           an
           Address
           to
           God
           as
           either
           of
           those
           ;
           yea
           ,
           we
           may
           reckon
           this
           the
           more
           dreadful
           ,
           since
           there
           we
           only
           make
           Applications
           to
           his
           Mercy
           ,
           here
           we
           devote
           our selves
           to
           his
           Justice
           ;
           so
           that
           our
           Oaths
           should
           be
           made
           as
           solemnly
           as
           our
           Prayers
           .
           And
           here
           I
           can
           but
           observe
           the
           Piety
           of
           the
           Ancients
           ,
           who
           Ordained
           ,
           
             Oaths
             should
             be
             taken
             Fasting
          
           .
           A
           Rite
           of
           equal
           Piety
           and
           Antiquity
           ,
           for
           Abimelech
           and
           Isaac
           had
           their
           Federal
           Feast
           over
           Night
           (
           saith
           the
           Text
           )
           
             They
             rose
             early
             in
             the
             Morning
             and
             sware
             one
             to
             another
             ,
          
           Gen.
           xxvi
           .
           31.
           as
           being
           then
           Fasting
           ,
           and
           fit
           for
           this
           great
           Act
           of
           Religion
           .
           And
           it
           is
           probable
           ,
           the
           frequent
           use
           of
           Oaths
           in
           Judgment
           ,
           was
           the
           cause
           why
           of
           Old
           all
           Judicial
           Enquiries
           
           were
           made
           in
           the
           Morning
           :
           
             Execute
             Judgment
             in
             the
             Morning
          
           ,
           saith
           Jeremy
           g
           ;
           and
           ,
           
             Wo
             be
             to
             that
             Land
          
           (
           saith
           
             Solomon
             ,
             )
             whose
             Princes
             Eat
             in
             the
             Morning
          
           h
           ,
           that
           is
           ,
           before
           they
           have
           sat
           in
           Judgment
           .
           Socrates
           also
           was
           wont
           to
           say
           ,
           
             The
             Evening
             is
             for
             Feasts
             ,
             the
             Morning
             for
             doing
             Justice
          
           i
           .
           Yea
           ,
           there
           is
           an
           Ancient
           Gallican
           Law
           of
           Charles
           the
           Great
           ,
           which
           Commands
           ,
           
             That
             Courts
             of
             Justice
             shall
             be
             holden
             Fasting
          
           k
           ,
           that
           so
           both
           the
           Givers
           and
           Takers
           of
           Oaths
           might
           be
           serious
           ,
           and
           fit
           for
           this
           so
           Solemn
           piece
           of
           Religion
           .
           And
           ,
           because
           Matrimony
           it self
           is
           a
           Religious
           Oath
           ,
           therefore
           our
           Old
           Canons
           fixed
           the
           celebration
           of
           it
           to
           be
           between
           the
           Hours
           of
           Eight
           and
           Twelve
           ;
           that
           so
           the
           Parties
           might
           make
           that
           Oath
           
             in
             their
             Fasting-Spittle
          
           l
           ,
           as
           the
           words
           of
           the
           Canon
           are
           .
           All
           which
           ought
           to
           instruct
           and
           admonish
           those
           in
           Power
           ,
           to
           Reform
           as
           much
           as
           in
           them
           lies
           ,
           the
           scandalous
           and
           mischievous
           Corruption
           of
           slight
           giving
           Oaths
           in
           Judgment
           ,
           and
           to
           reduce
           this
           piece
           of
           Religion
           to
           its
           due
           Esteem
           amongst
           us
           .
        
         
           Secondly
           ,
           The
           Text
           informs
           us
           of
           the
           Reason
           of
           an
           Oath
           ,
           or
           the
           Cause
           which
           
           moves
           a
           Man
           to
           take
           it
           ;
           which
           is
           ,
           that
           it
           may
           be
           (
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           )
           
             For
             Confirmation
          
           .
           The
           Heart
           of
           Man
           is
           deep
           and
           deceitful
           ,
           so
           that
           none
           but
           only
           God
           knows
           whether
           mens
           Words
           and
           Hearts
           agree
           :
           And
           Evil
           men
           (
           being
           assured
           no
           Mortal
           can
           discover
           their
           Thoughts
           )
           hence
           presume
           ,
           for
           Gain
           ,
           or
           to
           favour
           a
           Friend
           ,
           yea
           to
           hurt
           a
           Foe
           sometimes
           ,
           to
           speak
           what
           they
           know
           to
           be
           false
           .
           But
           though
           no
           Man
           can
           disprove
           them
           ,
           the
           God
           of
           Truth
           sees
           their
           Hearts
           ;
           And
           therefore
           All
           Nations
           have
           used
           to
           enjoyn
           Men
           ,
           to
           call
           upon
           the
           All-seeing
           God
           to
           attest
           the
           Truth
           of
           what
           they
           say
           ,
           with
           a
           wish
           of
           destruction
           to
           Themselves
           ,
           if
           the
           Divine
           Majesty
           ,
           who
           knows
           their
           Thoughts
           ,
           do
           not
           allow
           their
           Words
           for
           Truth
           .
           And
           because
           it
           may
           well
           be
           supposed
           ,
           none
           will
           dare
           to
           do
           this
           open
           Affront
           to
           the
           God
           of
           Heaven
           ,
           nor
           expose
           themselves
           to
           his
           Vengeance
           ,
           who
           will
           discover
           ,
           and
           can
           destroy
           them
           if
           they
           speak
           falsly
           :
           Therefore
           an
           Oath
           is
           the
           
             most
             solemn
             Confirmation
             of
             what
             we
             affirm
             in
             doubtful
             Cases
             ,
             the
             readiest
             way
             to
             gain
             credit
             to
             our
             Words
             ,
             and
             the
             most
             Sacred
             security
             we
             can
             give
             for
             our
             Truth
             and
             Veracity
          
           m
           .
           Hence
           Philo
           calls
           it
           ,
           
             The
             firmest
             Pledge
             of
             our
             
             Fidelity
             :
          
           and
           
             Diodorus
             Siculus
             ,
             The
             greatest
             assurance
             of
             Faith
             among
             Men.
             Our
             Ancestors
          
           (
           saith
           
             Cicero
             )
             esteemed
             no
             Bond
             so
             sure
             to
             bind
             us
             to
             be
             Faithful
             ,
             as
             an
             Oath
             ;
             the
             Law
             of
             the
             Twelve
             Tables
             shews
             this
             ,
             the
             Sacrifices
             ,
             and
             the
             Leagues
             by
             which
             we
             bind
             our selves
             to
             be
             true
             to
             our
             very
             Enemies
             ,
             shew
             it
          
           n
           .
           And
           this
           is
           the
           Reason
           why
           all
           the
           World
           hath
           used
           Oaths
           in
           Judicature
           ,
           to
           be
           as
           a
           Pledge
           and
           Security
           for
           the
           Truth
           of
           that
           Evidence
           given
           there
           ,
           upon
           which
           all
           Causes
           usually
           depend
           .
           And
           though
           some
           might
           speak
           the
           Truth
           there
           without
           an
           Oath
           ,
           as
           many
           good
           Men
           would
           perform
           their
           Promise
           without
           a
           Bond
           ;
           yet
           the
           difficulty
           of
           discerning
           honest
           Men
           from
           Hypocrites
           ,
           makes
           this
           Caution
           necessary
           :
           And
           all
           Witnesses
           in
           Judgment
           are
           required
           to
           
             use
             an
             Oath
             for
             Confirmation
          
           of
           what
           they
           say
           o
           ,
           unless
           their
           peculiar
           Character
           give
           them
           such
           credibility
           as
           to
           exempt
           them
           ;
           on
           which
           ground
           Jupiters
           Priests
           of
           Old
           ,
           and
           the
           Christian
           Clergy
           in
           the
           Middle
           times
           ,
           as
           also
           the
           Nobility
           in
           Our
           days
           ,
           have
           been
           excused
           from
           
             Formal
             Oaths
          
           ,
           as
           I
           could
           easily
           prove
           .
           But
           generally
           ,
           Oaths
           are
           thought
           so
           necessary
           in
           Judgment
           ,
           that
           in
           the
           Old
           
           Canons
           ,
           it
           is
           the
           same
           thing
           to
           set
           down
           the
           Days
           in
           which
           no
           Oaths
           shall
           be
           taken
           ,
           and
           to
           fix
           the
           Times
           when
           no
           Causes
           shall
           be
           Tried
           :
           So
           that
           the
           first
           Original
           of
           our
           Non-Term
           and
           Vacation
           in
           Law
           Proceedings
           are
           derived
           from
           the
           Canons
           which
           prohibit
           the
           
             Vse
             of
             Oaths
          
           at
           those
           Times
           p
           .
           But
           to
           proceed
           ;
           Since
           an
           Oath
           is
           so
           Solemn
           a
           Confirmation
           of
           our
           Truth
           ,
           by
           calling
           God
           to
           Witness
           ,
           the
           Pythagoreans
           allowed
           none
           to
           Swear
           in
           Light
           matters
           ,
           especially
           not
           in
           a
           trifling
           Action
           for
           a
           small
           Debt
           q
           ;
           and
           Clinias
           ,
           a
           Philosopher
           of
           that
           Sect
           ,
           chose
           rather
           to
           pay
           three
           Talents
           unjustly
           ,
           than
           to
           free
           himself
           by
           an
           Oath
           r
           .
           Which
           Example
           may
           justly
           shame
           many
           Christians
           ,
           who
           trouble
           our
           Courts
           ,
           and
           engage
           many
           to
           Swear
           on
           far
           less
           occasion
           .
           Again
           ,
           the
           same
           Pythagoreans
           permitted
           none
           to
           Swear
           concerning
           Things
           contingent
           ,
           future
           and
           uncertain
           ;
           affirming
           ,
           it
           was
           neither
           fit
           nor
           safe
           to
           Swear
           in
           such
           Cases
           s
           .
           The
           Grecian
           Laws
           also
           admitted
           none
           to
           Swear
           what
           they
           heard
           by
           Hear-say
           only
           :
           And
           the
           Ancient
           Germans
           suffered
           not
           an
           Oath
           to
           be
           taken
           ,
           but
           when
           there
           was
           no
           other
           way
           of
           finding
           out
           the
           Truth
           t
           .
           
           For
           since
           every
           Man
           that
           Swears
           ,
           pawns
           his
           Soul
           in
           Security
           for
           his
           Integrity
           ,
           this
           ought
           not
           to
           be
           required
           but
           in
           weighty
           Causes
           ,
           nor
           to
           be
           taken
           but
           on
           Sure
           grounds
           .
           This
           is
           a
           Mans
           last
           Security
           for
           his
           Truth
           ,
           and
           if
           he
           once
           falsifie
           this
           ,
           none
           can
           ever
           Trust
           him
           after
           ,
           no
           Bond
           can
           hold
           him
           :
           Which
           our
           Noble
           King
           Henry
           the
           First
           well
           knew
           ,
           when
           he
           generously
           refused
           the
           Popes
           base
           Offer
           to
           Absolve
           him
           from
           his
           Oath
           ,
           saying
           ,
           
             Who
             will
             ever
             trust
             another
             hereafter
             ,
             when
             they
             see
             by
             my
             Example
             ,
             an
             Absolution
             can
             make
             void
             the
             highest
             Bond
             of
             Faith
          
           u
           .
           Now
           ,
           from
           this
           account
           of
           the
           Reason
           of
           Taking
           an
           Oath
           ,
           
             to
             be
             for
             Confirmation
          
           ,
           we
           shall
           draw
           this
           Inference
           :
        
         
           That
           it
           is
           a
           huge
           Folly
           ,
           and
           a
           great
           Impiety
           ,
           to
           use
           Oaths
           upon
           a
           slight
           occasion
           ,
           or
           in
           Common
           discourse
           ,
           where
           there
           can
           be
           no
           need
           of
           this
           high
           and
           Sacred
           confirmation
           of
           our
           Words
           by
           God's
           Name
           ,
           unless
           we
           have
           so
           ill
           behaved
           our selves
           that
           none
           can
           Trust
           us
           ,
           without
           Pawning
           our
           Souls
           for
           every
           thing
           we
           say
           ;
           yet
           by
           using
           this
           Religious
           and
           Sacred
           Confirmation
           to
           every
           Trifle
           ,
           we
           make
           our
           very
           Oaths
           so
           cheap
           and
           contemptible
           ,
           that
           we
           are
           Trusted
           
           the
           less
           ,
           and
           not
           the
           more
           ,
           for
           our
           Vain-Swearing
           .
           But
           ,
           besides
           the
           Folly
           of
           this
           vile
           Custom
           ,
           it
           is
           a
           grievous
           Sin
           ,
           being
           the
           most
           express
           breach
           of
           the
           Third
           Commandement
           ,
           and
           the
           most
           profane
           way
           of
           
             Taking
             the
             Name
             of
             God
             in
             Vain
          
           ;
           and
           though
           Men
           may
           account
           this
           a
           small
           Fault
           in
           themselves
           ,
           or
           their
           Friend
           ,
           God
           (
           who
           is
           to
           be
           our
           Judge
           )
           
             will
             not
             hold
             them
             guiltless
          
           who
           commit
           it
           :
           
             He
             will
             not
             clear
             them
             ,
             nor
             let
             it
             go
             unpunished
             ,
             He
             will
             certainly
             condemn
             them
             in
             the
             Last
             Judgment
          
           w
           .
           As
           the
           other
           Translation
           reads
           that
           dreadful
           place
           .
           And
           as
           this
           Sin
           is
           condemned
           in
           the
           Old
           Law
           ,
           so
           this
           Swearing
           in
           our
           Communication
           ,
           is
           strictly
           forbidden
           above
           all
           things
           
             (
             James
          
           V.
           12.
           )
           in
           the
           New
           Testament
           .
           Yea
           ,
           the
           very
           Heathens
           condemn
           the
           Common
           using
           Gods
           Name
           x
           ;
           and
           Hierocles
           very
           expresly
           saith
           ,
           
             We
             must
             not
             use
             an
             Oath
             frequently
             ,
             nor
             on
             ordinary
             Occasions
             ,
             nor
             for
             silling
             up
             our
             Discourse
             ,
             nor
             to
             confirm
             every
             Story
             we
             relate
             ;
             —
             for
             by
             the
             Custom
             of
             Swearing
             often
             ,
             Men
             soon
             fall
             to
             Swear
             falsly
             :
          
           which
           is
           the
           same
           with
           that
           of
           S.
           
             James
             ,
             —
             lest
             we
             fall
             into
             Hypocrisie
             .
          
           It
           is
           no
           doubt
           a
           horrid
           Impiety
           ,
           to
           make
           the
           Dreadful
           Name
           of
           GOD
           ,
           and
           his
           Terrible
           
           Attributes
           so
           cheap
           and
           vile
           ,
           as
           to
           bring
           them
           to
           Attest
           the
           most
           foolish
           ,
           false
           ,
           or
           filthy
           things
           ,
           which
           we
           vent
           in
           the
           Vainest
           Company
           ;
           and
           argues
           a
           Mind
           that
           either
           denies
           the
           Being
           of
           God
           ,
           or
           at
           least
           forgets
           his
           Power
           ;
           and
           besides
           ,
           that
           it
           is
           the
           most
           daring
           Abuse
           to
           Heaven
           ,
           it
           is
           also
           a
           high
           Affront
           to
           all
           the
           Publick
           Judicatories
           in
           the
           World
           ,
           since
           the
           highest
           Security
           that
           can
           be
           given
           for
           our
           Truth
           there
           ,
           the
           most
           Sacred
           Bond
           of
           Human
           Society
           ,
           the
           most
           Religious
           Pledge
           of
           a
           Mans
           Fidelity
           ,
           on
           which
           all
           our
           Lives
           and
           Fortunes
           may
           depend
           ;
           is
           by
           this
           bold
           Impiety
           rendred
           Mean
           and
           Contemptible
           ,
           prostituted
           to
           the
           Scorn
           of
           the
           Atheistical
           and
           Profane
           ,
           yea
           ,
           and
           made
           as
           Weak
           and
           unsecure
           ,
           as
           it
           is
           Common
           and
           despised
           .
           A
           Sin
           without
           any
           Temptation
           to
           invite
           to
           it
           ,
           or
           any
           Excuse
           to
           be
           made
           for
           it
           ;
           having
           neither
           Honour
           ,
           Pleasure
           ,
           nor
           Profit
           in
           it
           ,
           unless
           we
           count
           it
           Reputation
           to
           Dishonour
           God
           ,
           Pleasure
           to
           play
           with
           Thunder
           ,
           or
           Profit
           to
           destroy
           those
           Immortal
           Souls
           of
           ours
           ,
           that
           are
           of
           more
           Value
           than
           a
           Thousand
           Worlds
           :
           A
           Wickedness
           taken
           up
           only
           by
           Imitation
           ,
           and
           got
           by
           the
           cursed
           Society
           of
           the
           Debauched
           and
           Prosane
           ;
           
           and
           the
           continuance
           in
           it
           is
           the
           more
           unpardonable
           ,
           because
           it
           may
           easily
           and
           certainly
           be
           amended
           ,
           by
           a
           few
           serious
           Thoughts
           of
           God's
           Majesty
           ,
           by
           using
           the
           Company
           of
           Grave
           and
           Pious
           Men
           ,
           and
           either
           giving
           them
           the
           freedom
           to
           admonish
           us
           ,
           or
           imposing
           a
           small
           Penance
           on
           our selves
           for
           every
           Offence
           ,
           till
           the
           wretched
           Custom
           be
           overcome
           .
           Surely
           ,
           none
           but
           a
           Professed
           Atheist
           doth
           ever
           commit
           this
           Crime
           ,
           but
           meerly
           by
           Inconsideration
           ;
           and
           therefore
           all
           others
           (
           I
           hope
           )
           may
           easily
           be
           reduced
           by
           those
           Methods
           ,
           from
           the
           Profaning
           Gods
           holy
           Name
           ,
           and
           exposing
           this
           Venerable
           part
           of
           Religion
           :
           to
           which
           ,
           if
           this
           Discourse
           may
           be
           subservient
           ,
           I
           shall
           rejoyce
           that
           I
           have
           rescued
           the
           Sacredness
           of
           Oaths
           from
           any
           degrees
           of
           Contempt
           .
        
         
           Thirdly
           ,
           I
           shall
           proceed
           to
           the
           last
           Particular
           in
           the
           Text
           ,
           
             viz.
             The
             end
             of
             an
             Oath
             ,
          
           or
           the
           Cause
           moving
           Magistrates
           to
           require
           it
           ,
           that
           it
           may
           be
           
             an
             End
             of
             all
             strife
          
           :
           for
           the
           Accuser
           impeaches
           ,
           and
           the
           Accused
           pleads
           Not
           Guilty
           ,
           the
           Plaintiff
           demands
           ,
           and
           the
           Defendant
           denies
           ;
           this
           is
           literally
           ,
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           ,
           Controversie
           ,
           or
           Strife
           ;
           and
           lest
           these
           contrary
           Speeches
           should
           produce
           perpetual
           
           Wrangling
           ,
           the
           Witnesses
           Oaths
           are
           required
           ,
           that
           by
           the
           Truth
           they
           speak
           ,
           for
           which
           they
           bring
           in
           Almighty
           God
           for
           their
           Voucher
           ,
           the
           Cause
           may
           be
           determined
           ,
           and
           the
           Strife
           ended
           .
           And
           from
           this
           use
           of
           an
           Oath
           ,
           by
           the
           Name
           of
           God
           ,
           the
           Divine
           Majesty
           himself
           doth
           ,
           as
           it
           were
           ,
           Judge
           between
           the
           Parties
           ;
           and
           so
           I
           understand
           that
           Common
           Phrase
           of
           being
           tried
           ,
           
             By
             God
             and
             our
             Country
          
           ,
           to
           signifie
           ,
           
             By
             the
             Witnesses
             Oath
             ,
             and
             the
             Jurers
             Verdict
             :
          
           for
           Justinian
           saith
           by
           this
           use
           of
           Oaths
           ,
           
             Men
             seem
             to
             enter
             a
             Holy
             Temple
             when
             they
             come
             before
             a
             Tribunal
             —
             and
             God
             ,
             rather
             than
             Man
             ,
             appears
             to
             decide
             the
             Cause
          
           y
           .
           Truth
           (
           as
           the
           Ancients
           speak
           )
           lies
           in
           a
           deep
           Pit
           ,
           and
           if
           any
           thing
           will
           draw
           it
           out
           ,
           it
           must
           be
           the
           
             Fear
             of
             God
          
           ,
           who
           is
           thus
           set
           before
           the
           Witnesses
           Eyes
           ,
           to
           engage
           them
           by
           all
           their
           hopes
           of
           Mercy
           ,
           to
           speak
           
             the
             Truth
             ,
             the
             whole
             Truth
             ,
             and
             nothing
             but
             the
             Truth
             :
          
           And
           therefore
           ,
           not
           only
           the
           Apostle
           ,
           but
           the
           Civil
           Law
           ,
           calls
           it
           ,
           
             The
             best
             Means
             to
             determine
             Causes
          
           z
           .
           And
           the
           common
           Consent
           of
           Mankind
           ,
           hath
           made
           all
           our
           Lives
           ,
           Liberties
           ,
           and
           Estates
           ,
           to
           depend
           upon
           an
           Oath
           whensoever
           they
           are
           in
           question
           ,
           supposing
           this
           to
           be
           the
           surest
           and
           most
           Sacred
           guard
           unto
           them
           .
           Nor
           is
           it
           without
           great
           
           reason
           that
           so
           much
           stress
           is
           laid
           upon
           Religious
           Oaths
           ,
           since
           though
           another
           Man
           seem
           thereby
           to
           have
           our
           Lives
           and
           Estates
           in
           his
           Power
           ;
           yet
           by
           this
           solemn
           Swearing
           He
           stakes
           his
           own
           Body
           and
           Soul
           ,
           his
           Temporal
           and
           Eternal
           Welfare
           ,
           against
           them
           :
           and
           since
           he
           can
           only
           bring
           us
           by
           a
           False
           Oath
           under
           some
           Temporal
           Penalty
           ,
           while
           he
           firmly
           devotes
           himself
           to
           Eternal
           Vengeance
           ,
           he
           runs
           the
           greater
           Risque
           ,
           and
           loses
           most
           of
           the
           two
           ,
           who
           Swears
           falsly
           ,
           if
           he
           do
           but
           rightly
           consider
           it
           .
           For
           ,
           as
           Plutarch
           notes
           ,
           
             Every
             Oath
             contains
             ,
             either
             expresly
             or
             implicitly
             ,
             a
             Curse
             on
             the
             Taker
             ,
             if
             it
             be
             false
          
           a
           .
           And
           though
           these
           Curses
           are
           variously
           expressed
           ,
           and
           sometimes
           only
           supposed
           ,
           yet
           they
           are
           very
           dreadful
           :
           so
           that
           the
           Jews
           ,
           who
           might
           not
           use
           Ominous
           words
           ,
           chose
           rather
           to
           Swear
           Elliptically
           ,
           than
           to
           express
           what
           was
           so
           horrid
           :
           So
           Moses
           Swears
           b
           —
           
             if
             you
             have
             not
             the
             Land
             ,
          
           and
           there
           stops
           ;
           but
           we
           are
           to
           understand
           ,
           
             Let
             me
             suffer
             all
             the
             Plagues
             due
             to
             Perjury
             :
          
           yea
           ,
           God
           himself
           imitates
           this
           form
           ,
           
             I
             swear
             in
             my
             Wrath
             ,
             if
             they
             shall
             enter
             into
             my
             rest
             ,
             Hebr.
          
           iv
           .
           3.
           where
           again
           the
           Curse
           is
           understood
           .
           And
           the
           Scholiast
           upon
           Aristophanes
           Observes
           ,
           
             It
             was
             an
             Ancient
             Custom
             thus
             to
             Swear
             
             Elliptically
             to
             avoid
             all
             Ominous
             words
          
           c
           .
           Yet
           some
           times
           these
           words
           were
           expressed
           in
           most
           terrible
           forms
           against
           the
           
             Gentiles
             ,
             Let
             the
             gods
             destroy
             me
          
           d
           ;
           
             Let
             the
             Divine
             Vengeance
             fall
             upon
             my
             own
             head
             ,
             and
             my
             whole
             Family
          
           e
           .
           And
           to
           make
           this
           more
           Solemn
           ,
           they
           used
           divers
           Ceremonies
           ,
           as
           that
           of
           casting
           away
           a
           Stone
           ,
           and
           wishing
           ,
           
             The
             gods
             might
             so
             cast
             them
             out
             of
             all
          
           the
           City
           and
           Capitol
           being
           safe
           )
           
             if
             they
             did
             wittingly
             Swear
             falsly
          
           f
           .
           So
           also
           the
           killing
           of
           some
           Beast
           in
           Sacrifice
           ,
           and
           wishing
           ,
           
             They
             might
             be
             so
             slain
             ,
             if
             they
             did
             not
             speak
             Truth
          
           g
           :
           And
           the
           quenching
           a
           Flaming
           Torch
           suddenly
           ,
           and
           praying
           ,
           
             Their
             Life
             and
             Light
             might
             be
             so
             put
             out
             ,
             if
             they
             deceived
          
           *
           ;
           Which
           last
           Ceremony
           was
           sometimes
           used
           amongst
           Christians
           ,
           and
           was
           solemnly
           performed
           in
           this
           Nation
           ,
           when
           the
           Oaths
           were
           taken
           to
           confirm
           
             Magna
             Charta
          
           .
           And
           though
           in
           our
           Modern
           Courts
           we
           now
           abstain
           from
           Ominous
           Words
           ,
           contenting
           our selves
           with
           that
           very
           Ancient
           Form
           ,
           
             So
             help
             me
             God
          
           h
           ,
           yet
           the
           Sense
           duly
           considered
           ,
           is
           as
           high
           ,
           as
           full
           ,
           and
           as
           terrible
           as
           any
           of
           the
           former
           ;
           for
           if
           we
           Swear
           falsly
           ,
           we
           wish
           ,
           
             That
             Gods
             Grace
             and
             Favour
             ,
             his
             Mercy
             and
             Providence
             ,
             may
             forsake
             us
             ;
             that
             he
             may
             never
             help
             us
             here
             nor
             hereafter
             ,
             but
             leave
             us
             to
             perish
             in
             this
             World
             ,
             and
             in
             the
             World
             to
             come
             .
          
           And
           oh
           ,
           how
           dreadful
           an
           Imprecation
           
           is
           this
           ,
           
             He
             that
             after
             his
             Pledge
             given
             for
             his
             Truth
             ,
             dares
             tell
             a
             Lie
             for
             favour
             or
             Malice
             ,
             neither
             fears
             God
             ,
             nor
             loves
             himself
             ;
             he
             is
             a
             desperate
             Wretch
             ,
             unfit
             for
             Human
             Society
             ,
             and
             really
             doth
             far
             more
             mischief
             to
             himself
             than
             to
             his
             Adversary
             .
          
           And
           since
           an
           Oath
           is
           thus
           guarded
           ,
           we
           may
           well
           be
           content
           it
           should
           end
           all
           Strife
           among
           us
           ,
           for
           no
           greater
           Security
           under
           Heaven
           can
           be
           given
           or
           devised
           .
           Now
           from
           this
           description
           of
           the
           
             End
             of
             an
             Oath
          
           ,
           we
           will
           observe
           ,
        
         
           
             That
             Perjury
          
           ,
           especially
           in
           Courts
           of
           Justice
           ,
           
             is
             a
             heinous
             and
             horrid
             Impiety
             :
          
           the
           very
           End
           of
           these
           Courts
           is
           to
           find
           out
           Truth
           ,
           and
           But
           to
           speak
           falsly
           there
           ,
           though
           by
           such
           as
           are
           not
           upon
           their
           Oath
           ,
           is
           to
           affront
           the
           Vice-gerents
           of
           God
           ,
           and
           wickedly
           to
           design
           to
           
             pervert
             Judgment
          
           ,
           as
           well
           as
           to
           make
           that
           
             holy
             Institution
          
           useless
           ,
           which
           is
           the
           great
           Security
           of
           all
           Societies
           .
           But
           when
           Men
           come
           to
           Swear
           ,
           God
           himself
           is
           directly
           appealed
           to
           ,
           the
           
             Searcher
             of
             all
             Hearts
          
           is
           set
           upon
           the
           Tribunal
           ,
           and
           the
           Perjured
           Wretch
           
             Lies
             not
             unto
             Men
             ,
             but
             unto
             God
             ,
          
           Acts
           V.
           4.
           
           He
           defies
           the
           
             King
             of
             Heaven
          
           to
           his
           face
           ,
           and
           affronts
           him
           openly
           in
           some
           of
           his
           tenderest
           Attributes
           ,
           disbelieving
           his
           Truth
           ,
           tràmpling
           on
           his
           Justice
           ,
           and
           despising
           his
           Power
           ;
           yea
           ,
           he
           makes
           (
           as
           much
           as
           in
           him
           lies
           )
           the
           
             Righteous
             God
          
           a
           Party
           to
           that
           Falshood
           ,
           by
           which
           
           he
           Murders
           or
           Robs
           his
           Neighbour
           ;
           saying
           ,
           as
           Philo
           hath
           elegantly
           expressed
           it
           ,
           
             O
             God
             ,
             I
             should
             not
             be
             believed
             but
             for
             thy
             Name
             ,
             and
             therefore
             I
             use
             thee
             for
             the
             Cloak
             of
             my
             Injustice
             ;
             I
             would
             not
             be
             discovered
             in
             my
             sin
             ,
             do
             thou
             help
             me
             ,
             and
             take
             the
             blame
             on
             thy self
             ;
             for
             though
             I
             am
             a
             Transgressor
             by
             thy
             Name
             ,
             I
             shall
             pass
             for
             an
             Honest
             man
             ;
             thou
             neither
             lovest
             Truth
             ,
             nor
             punishest
             Falshood
          
           i
           .
           This
           horrid
           Blasphemy
           is
           the
           import
           of
           all
           Perjury
           ,
           the
           very
           Image
           of
           the
           False-Swearers
           Thoughts
           ,
           and
           can
           any
           thing
           be
           more
           wicked
           ?
           This
           accursed
           Sin
           ,
           not
           only
           flies
           in
           the
           Face
           of
           God
           ,
           but
           by
           gilding
           
             fatal
             Lies
          
           with
           his
           Name
           ,
           misleads
           that
           Sacred
           Authority
           he
           hath
           set
           over
           us
           for
           securing
           our
           Rights
           ,
           and
           endeavours
           to
           make
           that
           the
           Instrument
           of
           their
           Revenge
           and
           Cruelty
           ;
           it
           imposes
           upon
           the
           most
           upright
           Juries
           ,
           with
           design
           to
           make
           them
           Partners
           in
           the
           Crime
           ;
           it
           robs
           an
           Innocent
           man
           of
           his
           
             good
             Name
          
           ,
           his
           Estate
           ,
           his
           Liberty
           ,
           nay
           ,
           his
           very
           Life
           ,
           if
           their
           
             false
             Witness
          
           be
           believed
           :
           Or
           if
           the
           Jurors
           be
           the
           
             Perjured
             Men
          
           ,
           in
           spight
           of
           all
           Evidence
           ,
           it
           rescues
           the
           greatest
           and
           most
           dangerous
           Malefactors
           (
           by
           a
           Partiality
           that
           defies
           Heaven
           )
           from
           the
           Justice
           of
           the
           Law
           ,
           and
           encourages
           not
           only
           them
           ,
           but
           others
           to
           commit
           the
           like
           Crimes
           .
           And
           whosoever
           they
           be
           ,
           Jurors
           or
           Witnesses
           ,
           who
           regard
           not
           their
           Oaths
           ,
           They
           
           do
           what
           in
           them
           lies
           ,
           to
           subvert
           the
           Laws
           ,
           to
           
             take
             away
          
           the
           Administration
           of
           Justice
           ,
           and
           to
           ruine
           the
           Community
           they
           live
           in
           ,
           by
           baffling
           this
           Great
           and
           Sacred
           Instrument
           of
           our
           Peace
           and
           Safety
           .
           If
           they
           do
           this
           for
           Fear
           or
           Favour
           ,
           it
           shews
           they
           value
           Men
           more
           than
           God
           ,
           and
           dare
           purchase
           Their
           Love
           with
           his
           utmost
           Displeasure
           :
           If
           they
           are
           Perjur'd
           for
           Hire
           ,
           they
           sell
           their
           Souls
           for
           a
           Vile
           Price
           ,
           and
           purchase
           a
           Reversion
           in
           Hell
           ,
           which
           they
           shall
           inherit
           for
           ever
           :
           If
           they
           do
           it
           in
           Malice
           ,
           it
           is
           like
           the
           Crime
           of
           Witches
           ,
           who
           give
           their
           Souls
           to
           the
           Devil
           for
           ever
           ,
           to
           be
           enabled
           to
           do
           a
           transient
           harm
           to
           their
           Neighbours
           .
           And
           whatever
           be
           the
           Principle
           it
           springs
           from
           ,
           yea
           ,
           and
           whatever
           event
           it
           have
           as
           to
           the
           Party
           Accused
           ,
           the
           Perjur'd
           Man
           devotes
           himself
           to
           all
           the
           Curses
           in
           Gods
           Book
           ,
           and
           cuts
           himself
           off
           from
           all
           hope
           of
           the
           
             Divine
             Help
          
           for
           ever
           ;
           and
           therefore
           the
           Old
           Romans
           allotted
           no
           Human
           Punishment
           for
           this
           Sin
           ,
           but
           left
           the
           Criminal
           to
           the
           more
           terrible
           Vengeance
           of
           the
           gods
           ,
           who
           were
           most
           directly
           affronted
           by
           it
           k
           ;
           the
           Greeks
           believed
           ,
           it
           brought
           ruine
           and
           destruction
           to
           the
           Man
           ,
           and
           all
           his
           Posterity
           l
           .
           Yet
           ,
           lest
           these
           who
           fear
           none
           but
           
             Human
             Penalties
          
           should
           be
           hardened
           by
           Impunity
           from
           Men
           ,
           (
           for
           if
           they
           dreaded
           the
           Vengeance
           of
           God
           they
           durst
           not
           commit
           this
           Crime
           )
           therefore
           
           it
           was
           Ordained
           ,
           that
           
             if
             any
             were
             convict
             of
             Perjury
             ,
             who
             had
             sworn
             on
             the
             Holy
             Gospels
             ,
             his
             Tongue
             should
             be
             cut
             out
             ,
             as
             of
             no
             use
             for
             ever
             after
          
           m
           .
           And
           all
           Laws
           deprive
           these
           Wretches
           of
           the
           Priviledge
           of
           
             giving
             Testimony
          
           in
           any
           other
           Cause
           ,
           and
           their
           Credit
           is
           Eternally
           blasted
           .
           The
           Indians
           cut
           off
           their
           Fingers
           and
           Toes
           ,
           to
           reduce
           them
           to
           Beggery
           and
           Shame
           ;
           the
           Egyptians
           put
           them
           to
           Death
           ,
           as
           unworthy
           to
           Live
           among
           Mankind
           after
           so
           inexcusable
           a
           Wickedness
           .
           But
           whatever
           they
           suffer
           here
           ,
           Damnation
           doth
           await
           them
           in
           the
           next
           World
           ,
           unless
           they
           do
           Repent
           sincerely
           ,
           and
           make
           Satisfaction
           also
           .
           But
           I
           hope
           ,
           we
           need
           aggravate
           this
           Crime
           no
           further
           ,
           but
           having
           surveyed
           all
           the
           Particulars
           of
           the
           Text
           ,
           may
           now
           pass
           to
           the
           Application
           .
           And
           that
           which
           naturally
           follows
           from
           the
           Premisses
           ,
           is
           ,
        
         
           First
           ,
           That
           all
           Persons
           concerned
           be
           very
           Cautious
           in
           
             taking
             Oaths
          
           ,
           and
           that
           when
           they
           come
           to
           Swear
           ,
           they
           do
           it
           with
           all
           
             Religious
             Fear
          
           and
           Reverence
           ;
           not
           only
           as
           being
           immediately
           in
           Gods
           Presence
           ,
           but
           as
           making
           a
           direct
           Appeal
           to
           him
           ,
           and
           offering
           their
           Souls
           as
           a
           Pledge
           for
           the
           Truth
           of
           what
           they
           shall
           speak
           ;
           and
           though
           the
           thing
           they
           Swear
           be
           never
           so
           True
           ,
           yet
           this
           Application
           is
           so
           venerable
           ,
           and
           so
           high
           a
           piece
           of
           Religion
           ,
           that
           it
           ought
           to
           be
           done
           with
           all
           Gravity
           
           and
           
             humble
             Reverence
          
           ;
           and
           if
           they
           be
           so
           taken
           ,
           to
           confirm
           a
           known
           and
           certain
           Truth
           ,
           they
           do
           exceedingly
           tend
           to
           the
           
             Honour
             of
             God
          
           ,
           and
           to
           the
           
             Benefit
             of
             Mankind
          
           ,
           and
           are
           so
           very
           lawful
           ,
           that
           we
           may
           as
           well
           scruple
           to
           make
           Application
           to
           Gods
           Mercy
           in
           Prayer
           ,
           as
           to
           his
           Truth
           in
           Solemn
           Swearing
           ,
           on
           a
           Just
           Occasion
           ;
           especially
           ,
           since
           it
           is
           evident
           by
           Reason
           and
           Universal
           Practice
           ,
           that
           the
           World
           cannot
           well
           be
           Governed
           ,
           nor
           Justice
           Dispensed
           without
           them
           ;
           and
           it
           is
           the
           Abuse
           of
           them
           ,
           not
           the
           Serious
           and
           Just
           use
           of
           Oaths
           ,
           that
           ought
           to
           be
           avoided
           .
        
         
           Secondly
           ,
           When
           we
           have
           taken
           them
           ,
           let
           us
           be
           very
           fearful
           of
           breaking
           them
           ,
           and
           make
           Conscience
           of
           answering
           and
           acting
           in
           every
           Point
           agreeable
           to
           what
           we
           have
           Sworn
           ;
           let
           us
           fear
           no
           Anger
           ,
           but
           that
           of
           Heaven
           ,
           nor
           seek
           no
           Favour
           ,
           but
           that
           of
           God
           ,
           nor
           wish
           for
           any
           Gain
           ,
           but
           the
           
             Peace
             of
             a
             good
             Conscience
          
           .
           We
           see
           ,
           that
           the
           Laws
           of
           God
           and
           Men
           have
           put
           the
           
             End
             of
             all
             Strife
          
           upon
           our
           Fidelity
           ,
           supposing
           we
           are
           Christians
           and
           
             Hónest
             men
          
           ,
           who
           Fear
           the
           
             Lord
             of
             Hosts
          
           ,
           and
           value
           our
           own
           Souls
           ,
           and
           we
           have
           given
           the
           greatest
           Security
           under
           Heaven
           ,
           that
           we
           will
           be
           Impartial
           .
           Now
           ,
           how
           vile
           and
           infamous
           a
           Crime
           will
           it
           be
           in
           us
           ,
           to
           betray
           his
           Trust
           ,
           to
           abuse
           the
           
             Judge
             of
             all
             the
             World
          
           ,
           and
           his
           Vice-gerents
           ,
           to
           wrong
           the
           Innocent
           ,
           
           and
           destroyour
           own
           Souls
           ?
           One
           would
           imagine
           ,
           nothing
           could
           tempt
           a
           Rational
           Man
           to
           such
           an
           Act
           ;
           if
           the
           too
           frequent
           and
           sad
           Experience
           of
           Opposite
           ,
           yea
           of
           
             Contradictory
             Oaths
          
           (
           in
           this
           Impious
           Age
           of
           ours
           )
           did
           not
           convince
           us
           ,
           that
           nothing
           is
           too
           monstrous
           or
           unreasonable
           for
           an
           
             Ill
             Man
          
           to
           do
           .
           If
           
             Popish
             Zealots
          
           ,
           by
           Assurances
           of
           Dispensation
           ,
           were
           the
           only
           Persons
           ,
           who
           assumed
           the
           Impudence
           to
           commit
           this
           Crime
           ,
           it
           would
           not
           be
           so
           very
           strange
           :
           But
           for
           Us
           ,
           who
           say
           ,
           
             No
             Power
             on
             Earth
             can
             Cancel
             this
             Sacred
             Bond
             of
             an
             Oath
             ,
          
           for
           Us
           to
           Perjure
           our selves
           ,
           is
           at
           once
           our
           Shame
           ,
           and
           the
           Worlds
           Wonder
           ;
           doubtless
           such
           Men
           deserve
           not
           only
           the
           bare
           Punishments
           of
           the
           Law
           ,
           but
           to
           suffer
           an
           Universal
           Detestation
           ,
           that
           as
           they
           are
           the
           Bane
           of
           our
           Government
           ,
           the
           Scandal
           of
           our
           Religion
           ,
           and
           the
           Enemies
           of
           God
           ,
           so
           they
           may
           be
           esteemed
           and
           treated
           as
           the
           Foes
           of
           all
           Mankind
           ,
           until
           by
           Sorrow
           and
           Repentance
           they
           shall
           own
           their
           Faults
           ,
           and
           return
           to
           a
           better
           Mind
           .
        
         
           Finally
           ,
           Let
           us
           Bless
           the
           
             Holy
             Name
             of
             God
          
           for
           our
           Good
           Laws
           ,
           and
           the
           Security
           we
           enjoy
           by
           them
           ,
           since
           no
           Man
           can
           hurt
           us
           in
           Body
           ,
           in
           Goods
           ,
           or
           
             Good
             Name
          
           ,
           without
           venturing
           the
           Damnation
           of
           his
           own
           Soul
           ;
           we
           have
           excellent
           Methods
           to
           find
           out
           the
           Guilty
           ,
           and
           clear
           the
           Innocent
           .
           And
           
           though
           Evil
           Men
           will
           claim
           unjustly
           ,
           accuse
           falsly
           ,
           or
           deny
           their
           Guilt
           impudently
           ,
           yet
           while
           we
           have
           so
           Just
           and
           so
           
             Prudent
             Magistrates
          
           on
           Earth
           ,
           and
           so
           Righteous
           and
           
             Powerful
             GOD
          
           in
           Heaven
           ,
           we
           may
           rationally
           hope
           ,
           that
           all
           
             Perjury
             ,
             Falshood
          
           ,
           and
           Injustice
           ,
           shall
           be
           discovered
           either
           Here
           ,
           or
           Hereafter
           .
           Cicero
           mentions
           a
           False-witness
           at
           Rome
           ,
           who
           was
           struck
           Dumb
           just
           as
           He
           was
           pronouncing
           that
           part
           of
           his
           Oath
           ,
           —
           
             If
             I
             willingly
             speak
             falsly
          
           n
           .
           But
           if
           such
           Vengeance
           be
           not
           Now
           presently
           executed
           ,
           let
           us
           not
           despair
           ;
           for
           there
           is
           a
           Great
           Assize
           coming
           ,
           where
           all
           Errors
           in
           Judgment
           shall
           be
           rectified
           ,
           and
           all
           False-Swearers
           discovered
           and
           condemned
           .
           But
           it
           would
           prevent
           many
           a
           sad
           Sentence
           at
           that
           
             Dreadful
             Day
          
           ,
           and
           hinder
           all
           Publick
           Injustice
           here
           ,
           if
           all
           that
           are
           called
           to
           this
           Duty
           would
           very
           seriously
           remember
           ,
           That
           
             They
             Swear
             by
             the
             Greater
          
           ;
           and
           so
           their
           
             Oath
             for
             Confirmation
          
           ,
           would
           ever
           be
           a
           Just
           
             End
             of
             all
             Strife
             :
             Which
             God
             of
             His
             Mercy
             grant
             ,
             for
             Jesus
             Christs
             sake
             ;
             to
             whom
             ,
             with
             the
             Father
             and
             the
             Holy
             Spirit
             ,
             be
             all
             Honour
             and
             Glory
             ,
             now
             ,
             and
             for
             evermore
             ,
          
        
         
           Amen
           .
        
         
           FINIS
           .
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A34075-e200
           
             a
             Gen.
             18.
             25.
             
          
           
             b
             Rom.
             13.
             1.
             
          
           
             c
             
               Ibid
               v.
            
             5.
             1
             
             Pet.
             2.
             13.
             
          
           
             d
             Exod.
             23.
             28.
             
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             Orig.
             in
             Cels
             .
             l.
             4.
             
          
           
             e
             2
             Chron.
             19.
             6.
             
          
           
             f
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             Resp
             .
             ad
             Orthod
             .
             Quest
             .
             142.
             
          
           
             g
             
               Sarisburiens
               .
               Polyor
            
             .
             lib.
             5.
             c.
             12.
             
          
           
             h
             Chron.
             
               Wil.
               Thorn.
            
             col
             .
             2048.
             
          
           
             i
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             in
             the
             Text
             ,
             
               Hellenisticè
               Comparativum
               pro
               Superlativo
            
             ,
             i.
             e.
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             k
             Lactant.
             Instit
             .
             l.
             1.
             c.
             11.
             
          
           
             l
             Philo
             legis
             Allegor
             .
             l.
             2.
             pag.
             98.
             
          
           
             m
             Philo
             de
             sacr
             .
             Cain
             &
             Abel
             ,
             p.
             146.
             
          
           
             n
             Ambros
             .
             de
             eod
             .
             T.
             1.
             p.
             147.
             
          
           
             o
             
               Si
               enim
               per
               se
               malum
               esset
               jurare
               profectò
               Dominus
               non
               jurasset
               .
            
             Decret
             .
             l
             2.
             
             Tit.
             24.
             c.
             6.
             p.
             895.
             
          
           
             p
             
               Jam.
               5.
               12.
               
               Graec.
            
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             
               at
               alii
               libr.
               leg
            
             .
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             Vid.
             Erasm
             .
             Vers
             .
          
           
             q
             
               Apostolus
               utique
               noverat
               praeceptum
               Domini
               ,
               juravit
               tamen
               .
            
             Aug.
             
               in
               Ep.
            
             Galat.
             cap.
             1.
             
          
           
             r
             Tertul.
             
               Apol.
               cap.
            
             32.
             p.
             28.
             
          
           
             s
             Vegetius
             
               de
               re
               Militari
               ,
               l.
            
             2.
             c.
             5.
             
               circ
               .
               An.
               Christi
            
             370.
             
          
           
             t
             Optat.
             Milev
             .
             lib.
             2.
             pag.
             58.
             
          
           
             u
             
               Epist
               .
               Synodal
               .
               ap
            
             .
             Bin.
             Tom.
             I.
             p.
             1.
             pag.
             403.
             
          
           
             w
             Ibid.
             p.
             404.
             
          
           
             x
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             
               Apolog.
               ad
            
             Constant
             .
             Tom.
             I.
             pag.
             674.
             
          
           
             y
             Binius
             ,
             Tom.
             I.
             par
             .
             1.
             pag.
             416.
             
          
           
             z
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             Synes
             .
             Epist
             .
             67.
             pag.
             213.
             
          
           
             a
             Hieron
             .
             advers
             .
             Joh.
             Hierosol
             .
             Tom.
             II.
             pag.
             259.
             
          
           
             b
             
               Idem
               adv
            
             .
             Ruffin
             .
             
               Apol
               .
               Tom.
            
             2.
             p.
             323.
             
          
           
             c
             Hieron
             .
             Epist.
             90.
             
             Tom.
             2.
             pag.
             538.
             
             
               &
               Ep.
            
             92.
             pag.
             541.
             
          
           
             d
             Socrates
             
               histor
               .
               lib.
            
             5.
             cap.
             2c
             .
             pag.
             694.
             
          
           
             e
             Collat.
             Carthag
             .
             I.
             
               Cap.
               5
               apud
            
             Bin.
             Tom.
             1.
             pag.
             648.
             
          
           
             f
             
               Invocato
               Dei
               Omnipotontis
               nomine
               —
               &
               PP
               .
               —
               salutem
               Principum
               ,
               confirmationem
               initarum
               juraverint
               esse
               pactionum
               .
            
             Cod.
             Justin
             .
             l.
             2.
             tit
             .
             4.
             
             Pl.
             41.
             
             
               Si
               quis
               ,
               &c.
            
             
          
           
             g
             Concil
             .
             8.
             
             Toletan
             .
             An.
             653.
             
             Bin.
             Tom.
             2.
             par
             .
             2.
             p.
             484.
             
          
           
             h
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             Basil
             .
             
               Mag.
               Can.
            
             81.
             ap
             .
             Bevereg
             .
             Tom.
             2.
             p.
             13.
             
             
               &
               Concil
               .
               in
            
             Trul.
             Can.
             94.
             
             Bever
             .
             T.
             1.
             p.
             270.
             
          
           
             i
             
               Evangelicum
               praeceptum
               servantes
            
             .
             Simeon
             Dunelm
             .
             l.
             1.
             cap.
             22.
             
          
           
             k
             Decretal
             .
             lib.
             2.
             tit
             .
             24.
             cap.
             Etsi
             Christus
             ,
             al.
             894.
             
          
           
             l
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             Philo
             l
             
               eg
               .
               alleg
            
             .
          
           
             m
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             Nazianz.
             
          
           
             n
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             Aristot
             .
             
               Rhet.
               c.
            
             18.
             
          
           
             o
             Polybii
             ,
             
               histor
               .
               lib.
            
             7.
             
          
           
             p
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             —
             &
             p.
             p.
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             Thucyd.
             
               hist
               .
               l.
            
             5.
             
          
           
             q
             —
             
               jura
               per
            
             Anchialum
             .
             Martial
             .
             l.
             11.
             ep
             .
             60.
             
          
           
             r
             Digest
             .
             lib.
             5.
             
             
               Tit.
               De
               juram
               .
               Jus
            
             Graeco-Rom
             .
             T.
             1.
             pag
             119.
             
          
           
             s
             Gen.
             31.
             54.
             
          
           
             t
             1
             Kings
             8.
             31.
             
             
               Si
               aram
               tenens
               juraret
            
             .
             Cicero
             pro
             Flacco
             .
          
           
             u
             
               Contingens
               ipsa
               simulachra
               &
               pulvinaria
               Deorum
               .
            
             Justin
             .
             
               hist
               .
               l.
            
             24.
             
          
           
             w
             
               Jusjurandum
               est
               affirmatio
               religiosa
            
             .
             Cicero
             
               de
               Off.
               l.
            
             3.
             
             
               Primum
               militiae
               vinculum
               est
               religio
            
             .
             Senec.
             Ep.
             95.
             
          
           
             x
             Apollon
             .
             ap
             .
             Philostr
             .
             l.
             6.
             cap.
             9.
             
          
           
             y
             
               Consuetudinis
               vitium
               ,
               diccre
               mehercule
               ,
               aut
               medius
               fulius
               ,
               accedente
               ignorantiâ
               quorundam
               qui
               ignorant
               jusjurandum
               esse
               per
            
             Herculem
             .
             Tertul.
             
               Idd.
               c.
            
             21.
             pag.
             98.
             
          
           
             z
             Moses
             Mikotzi
             .
             
               Praecep
               .
               affer
            
             .
             113.
             
          
           
             a
             Julius
             Firmic
             .
             
               praef
               .
               ad
            
             7.
             lib.
             Math.
             
          
           
             b
             Maimon
             .
             tract
             .
             Sheb
             .
             cap.
             11.
             
             Moses
             Mikotz
             .
             
               praecep
               .
               aff
            
             .
             123.
             
          
           
             c
             
               Idem
               praecep
               .
               Negat
            
             .
             241.
             
          
           
             d
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             Just
             .
             
               Authent
               .
               collat
            
             .
             9.
             
             Tit.
             7.
             
             Nov.
             124.
             
             Cap.
             1.
             p.
             176.
             
          
           
             e
             Chronic.
             Alex.
             An.
             535.
             p.
             91.
             
          
           
             f
             Procop.
             in
             Vandal
             ,
             l.
             2.
             p.
             121
             ,
             
               &
               p.
            
             131.
             
          
           
             g
             Jer.
             21.
             12.
             
          
           
             h
             Eccles
             .
             10.
             16.
             
          
           
             i
             
               Vespere
               convivium
               mane
               judicium
               .
               Dict.
            
             Socrat
             .
          
           
             k
             
               Placitum
               tenere
               Comes
               nisi
               jejunus
               non
               debet
               .
            
             Capit.
             l.
             3.
             c.
             38.
             
             &
             3.
             
             Cap.
             An.
             803.
             c.
             15.
             
          
           
             l
             Synod
             .
             Winton
             .
             An.
             1308.
             
             apudSpelm
             .
             
               Concil
               .
               T.
            
             2.
             pag.
             448.
             
          
           
             m
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             Philo
             ,
             
               de
               Sacr.
            
             Cain
             &
             Abel
             ,
             p.
             146.
             
          
           
             n
             Cicer.
             
               Offic.
               lib.
            
             3.
             
          
           
             o
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             Plut.
             
               de
               .
               Audit
               .
               pag.
            
             46.
             
          
           
             p
             Vide
             Selden
             ,
             
               Synedr
               .
               l.
            
             2.
             c.
             11.
             p.
             303.
             
          
           
             q
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ●socr
             .
          
           
             r
             D.
             Basil
             .
             hom
             .
             24.
             
             
               Nec
               deus
               intersit
               ,
               nisi
               dignus
               vindice
               nodus
               .
            
          
           
             s
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             Hierocles
             .
          
           
             t
             
               In
               his
               ,
               vero
               causis
               Sacramenta
               praestentur
               ,
               in
               quibus
               nullam
               probationem
               discussio
               judicantis
               invenerit
               .
               Leges
            
             Bajoar
             .
             
             apudCapitular
             .
             T.
             1.
             p.
             119.
             
             Tit.
             8
             c.
             16.
             
             An.
             630.
             
          
           
             u
             Eadmeri
             
               histor
               .
               l.
            
             5.
             pag.
             126.
             
          
           
             w
             LXX
             .
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             
               Non
               impuninum
               dimittit
            
             .
             Vatab.
             
               Neque
               enim
               non
               reum
               habebit
               cum
               Dominus
               in
               die
               Judicii
               magni
               .
            
             Chal.
             Par.
             
          
           
             x
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             Plato
             .
          
           
             y
             
               Pro
               judiciis
               put
               abant
               homines
               se
               in
               Sacrarus
               sisti
               —
               &
               pro
               hominibus
               Deum
               in
               omnibus
               causis
               jud●cem
               esse
               .
            
             Cod.
             l.
             2.
             
             Tit.
             59.
             l.
             3.
             §
             8
             p.
             83.
             
          
           
             z
             
               Maximum
               dirimendaram
               causarum
               remedium
            
             .
             Cod.
             
               ibid.
               p.
            
             83.
             
          
           
             a
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             Plut.
             quest
             .
             Rom.
             
          
           
             b
             Josh
             .
             14.
             9.
             
          
           
             c
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             Ariltoph
             .
             Ran.
             5.
             2.
             
             Scholiast
             .
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             Ibid.
             
          
           
             d
             Sueton.
             Tiber.
             c.
             21.
             
          
           
             e
             Plin.
             Panegyr
             .
          
           
             f
             Festus
             
               de
               verb.
               signif
               .
               verb.
            
             Lapis
             ,
             p.
             82.
             
          
           
             g
             Liv.
             hist
             .
             Rom.
             lib.
             21.
             
          
           
             *
             Polybii
             ,
             
               histor
               .
               lib.
            
             3.
             
          
           
             h
             
               It
               a
               me
               dii
               ament
            
             .
             Plaut
             .
             Bacchid
             .
             4.
             8.
             
             
               It
               a
               Deos
               mihi
               velim
               propitios
               .
            
             Cicero
             
               do
               Divin
            
             .
          
           
             i
             Philo
             
               de
               legibus
               in
               Specie
               differ
            
             .
          
           
             k
             Tertul.
             
               Apol.
               c.
            
             28.
             
             
               Item
               Rescript
            
             .
             Alex.
             Aug.
             Imp.
             
          
           
             l
             Hesiod
             .
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             m
             Eclog.
             Leonis
             &
             Constant
             .
             Tit.
             28.
             
             §.
             2.
             
          
           
             n
             Cicero
             ,
             Epist
             .
             l.
             7.
             ep
             .
             1.