The lawfulness, and obligation of oaths a sermon preach'd at the assises held at Kingston upon Thames, July 21, 1681 / by John Tillotson ... Tillotson, John, 1630-1694. 1681 Approx. 50 KB of XML-encoded text transcribed from 21 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-11 (EEBO-TCP Phase 1). A62568 Wing T1200 ESTC R4635 11957737 ocm 11957737 51556 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A62568) Transcribed from: (Early English Books Online ; image set 51556) Images scanned from microfilm: (Early English books, 1641-1700 ; 518:2) The lawfulness, and obligation of oaths a sermon preach'd at the assises held at Kingston upon Thames, July 21, 1681 / by John Tillotson ... Tillotson, John, 1630-1694. [4], 36 p. Printed for Brabazon Aylmer ..., and William Rogers ..., London : 1681. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Bible. -- N.T. -- Hebrews VI, 16 -- Sermons. Oaths -- Sermons. Sermons, English -- 17th century. 2004-08 TCP Assigned for keying and markup 2004-08 Aptara Keyed and coded from ProQuest page images 2004-09 Olivia Bottum Sampled and proofread 2004-09 Olivia Bottum Text and markup reviewed and edited 2004-10 pfs Batch review (QC) and XML conversion The Lawfulness , AND Obligation of Oaths . A SERMON Preach'd at the ASSISES Held at KINGSTON upon THAMES , July 21. 1681. By JOHN TILLOTSON D. D. Dean of Canterbury , and Chaplain in Ordinary to His MAJESTY . LONDON , Printed for Brabazon Aylmer , at the Three Pigeons over against the Royal Exchange in Cornhill : And William Rogers at the Sun , over against St. Dunstan's Church in Fleet-street , 1681. To the Right Worshipfull and my Honoured Friend JOSEPH REEVE Esq High Sheriff of the County of SURREY . SIR , WHen I had perform'd the Service which you were pleas'd to call me to in the preaching of this Sermon , I had no thoughts of making it more publique . And yet in this also I was the more easily induced to comply with your desire , because of the suitableness of the Argument to the Age in which we live : Wherein as men have run into the wildest extremities in other things , so particularly in the matter of Oaths ; some making conscience of taking any Oath at all , and too many none at all of breaking them . To convince the great mistake of the one extreme , and to check the growing evil and mischief of the other , is the chief design of this Discourse . To which I shall be very glad if by God's blessing it may prove any wise serviceable . I am Sir , Your very faithfull and humble Servant JOHN TILLOTSON . The Lawfulness , AND Obligation of Oaths . A SERMON Preach'd at the Assises held at Kingston upon Thames , July 21. 1681. Heb. vi . 16. And an Oath for confirmation is to them an end of all strife . THE necessity of Religion to the support of humane Society in nothing appears more evidently than in this , That the obligation of an Oath , which is so necessary for the maintenance of peace and justice among men , depends wholly upon the sense and belief of a Deity . For no reason can be imagined why any man that doth not believe a God , should make the least conscience of an Oath ; which is nothing else but a solemn appeal to God as a witness of the truth of what we say . So that whoever promotes Atheism and Infidelity doth the most destructive thing imaginable to humane Society , because he takes away the reverence and obligation of Oaths : And whenever that is generally cast off , humane Society must disband , and all things run into disorder . The just sense whereof made David cry out to God with so much earnestness , as if the World had been cracking , and the frame of it ready to break in pieces , Psal. 12. Help , Lord , for the righteous man ceaseth , and the faithfull fail from among the children of men : Intimating , That when Faith fails from among men , nothing but a particular and immediate interposition of the Divine providence can preserve the World from falling into confusion . And our Blessed Saviour gives this as a sign of the end of the World , and the approaching dissolution of all things , when faith and truth shall hardly be found among men , Luke 18. 8. When the Son of man comes , shall he find Faith on the earth ? This state of things doth loudly call for his coming to destroy the World , which is even ready to dissolve and fall in pieces of it self , when these Bands and Pillars of humane Society do break and fail . And surely never in any Age was this Sign of the coming of the Son of man more glaring and terrible than in this degenerate Age wherein we live , when almost all sorts of men seem to have broke loose from all obligations to faith and truth . And therefore I do not know any Argument more proper and usefull to be treated of upon this Occasion than of the Nature and Obligation of an Oath , which is the utmost security that one man can give to another , of the truth of what he saies ; the strongest tye of fidelity , the surest ground of Judicial proceedings , and the most firm and sacred bond that can be laid upon all that are concerned in the administration of publick Justice ; upon Judge , and Jury , and Witnesses . And for this reason I have pitched upon these Words ; In which the Apostle declares to us the great use and necessity of Oaths among men ; An Oath for confirmation is to them an end of all strife . He had said before , that for our greater assurance and comfort God hath confirmed his promises to us by an Oath ; condescending herein to deal with us after the manner of men , who , when they would give credit to a doubtfull matter , confirm what they say by an Oath . And generally when any doubt or controversie ariseth between Parties concerning a matter of fact , one side affirming , and the other denying , an end is put to this contest by an Oath ; An Oath for confirmation being to them an end of all strife : An Oath for confirmation , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for the greater assurance and establishment of a thing : Not , that an Oath is alwaies a certain and infallible decision of things according to truth and right ; but , that this is the utmost credit that we can give to any thing , and the last resort of truth and confidence among men : After this we can go no farther ; for if the Religion of an Oath will not oblige men to speak truth , nothing will. This is the utmost security that men can give , and must therefore be the final decision of all contests ; An Oath for confirmation is to them an end of all strife . Now from this assertion of the Apostle concerning the great use and end of Oaths among men , I shall take occasion , 1. To consider the nature of an Oath , and the kinds of it . 2. To shew the great use and even necessity of Oaths , in many cases . 3. To vindicate the lawfulness of them , where they are necessary . 4. To shew the sacred obligation of an Oath . I shall be as brief in these as the just handling of them will bear . 1. For the nature of an Oath , and the kinds of it . An Oath is an invocation of God , or an appeal to him as a witness of the truth of what we say . So that an Oath is a sacred thing , as being an act of Religion and an invocation of the Name of God : And this , whether the Name of God be expresly mentioned in it or not . If a man only say , I swear , or I take my Oath , that a thing is , or is not , so , or so ; or that I will , or will not , do such a thing : Or if a man answer upon his Oath , being adjured and required so to do : Or if a man swear by Heaven , or by Earth , or by any other thing that hath relation to God ; in all these cases a man doth virtually call God to witness ; and in so doing , he doth by consequence invoke him as a Judge and an Avenger , in case what he swears be not true . And if this be exprest , the oath is a formall Imprecation ; but whether it be , or not , a curse upon our selves is always implyed in case of perjury . There are two sorts of Oaths , Assertory , and Promissory . An assertory oath is when a man affirms or denies upon oath a matter of fact , past , or present : when he swears that a thing was , or is so , or not so . A promissory oath is a promise confirmed by an oath , which always respects something that is future : And if the promise be made directly and immediately to God , then it is call'd a Vow ; if to men , an Oath . I proceed to the II. Thing , which is to shew the great use and even necessity of Oaths , in many cases : Which is so great , that humane Society can very hardly , if at all , subsist long without them . Government would many times be very insecure : And for the faithfull discharge of Offices of great trust , in which the welfare of the Publick is nearly concerned , it is not possible to find any security equall to that of an Oath ; because the obligation of that reacheth to the most secret and hidden practices of men , and takes hold of them in many cases where the penalty of no humane Law can have any awe or force upon them : And especially , it is ( as the Civil Law expresseth it ) maximum expediendarum litium remedium , the best means of ending controversies : And where mens estates or lives are concerned , no evidence but what is assured by an Oath will be thought sufficient to decide the matter , so as to give full and generall satisfaction to mankind . For in matters of so great concernment , when men have all the assurance that can be had , and not till then , they are contented to sit down and rest satisfied with it . And among all Nations an Oath hath always been thought the onely permptory and satisfactory way of deciding such controversies . III. The third thing I proposed , was to vindicate the Lawfulness of Oaths , where they are necessary . And it is a very strong inducement to believe the lawfulness of them , that the unavoidable condition of humane affairs hath made them so necessary . The Apostle takes it for granted that an Oath is not only of great use in humane affairs , but in many cases of great necessity , to confirm a doubtful thing , and to put an end to controversies , which cannot otherwise be decided to the satisfaction of the Parties contending ; An oath for confirmation is to them an end of all strife . And indeed it is hardly imaginable that God should not have left that lawfull , which is so evidently necessary to the peace and security of Mankind . But because there is a Sect , sprung up in our memory , which hath called in question the lawfullness of all Oaths , to the great mischief and disturbance of humane Society , I shall endeavour to search this matter to the bottom , and to manifest how unreasonable and groundless this Opinion is . And to this end , I shall First , prove the lawfulness of Oaths from the authority of this Text , and from the reasons plainly contained , or strongly implied in it . Secondly , I shall shew the weakness and insufficiency of the grounds of the contrary Opinion ; whether from reason , or from Scripture , which last they principally rely upon ; and if it could be made out from thence would determine the case . 1. I shall prove the lawfulness of Oaths from the authority of this Text , and the reasons plainly contained , or strongly implyed in it . Because the Apostle doth not only speak of the use of Oaths among men without any manner of censure and reproof , but as a commendable custome and practice , and in many cases necessary , for the confirmation of doubtfull matters , and in order to the finall decision of Controversies and Differences among men . For First . He speakes of it as the generall practice of Mankind , to confirm things by an oath in order to the ending of differences . And indeed there is nothing that hath more universally obtained in all Ages and Nations of the World : than which there is not a more certain indication that a thing is agreeable to the Law of Nature and the best Reason of Mankind . And that this was no degenerate practice of Mankind , like that of Idolatry , is from hence evident ; that when God separated a People to himself , it was practised among them , by the holy Patriarchs , Abraham , Isaac , and Jacob ; and was afterwards not only allowed , but in many Cases commanded by the Law of Moses ; which had it been a thing evil in it self and forbidden by the Law of Nature , would not have been done . Secondly . Another undeniable Argument from the Text of the Lawfulness of Oaths is , that God himself , in condescension to the Custome of men who use to confirm and give credit to what they say by an Oath , is represented by the Apostle as confirming his promise to us by an oath , vers . 13. When God made the promise to Abraham , because he could swear by none greater , he swears by himself . For men verily swear by the greater ; and an oath for confirmation is to them an end of all strife . Wherein God , willing more abundantly to shew unto the heirs of promise the immutability of his counsell , confirmed it by an oath : which he certainly would not have done , had an oath been unlawfull in it self . For that had been to comply with men in an evil practice , and by his own example to give countenance to it in the highest manner : But though God condescend to represent himself to us after the manner of men , he never do's it in any thing that is in it's own nature evil and sinfull . Thirdly . From the great Usefullness of Oaths in humane affaires , to give credit and confirmation to our word , and to put an end to Contestations . Now that which serves to such excellent purposes , and is so convenient for humane society , and for mutual security and confidence among men , ought not easily to be presumed unlawfull , till it be plainly proved to be so . And if we consider the nature of an oath , and every thing belonging to it , there is nothing that hath the least appearance of evil in it . There is surely no evil in it , as it is an act of religion ; nor as it is an Appeal to God as a witness and avenger in case we swear falsly ; nor as it is a confirmation of a doubtfull matter ; nor as it puts an end to strife and controversy . And these are all the essential ingredients of an Oath , and the ends of it ; and they are all so good , that they rather commend it , than give the least colour of ground to condemn it . I proceed in the 2d . Place , to shew the weakness and insufficiency of the grounds of the contrary opinion ; whether from Reason , or from Scripture . First , from Reason . They say the necessity of an Oath is occasioned by the want of truth and fidelity among men . And that every man ought to demean himself with that faithfulness and integrity as may give credit and confirmation to his word ; and then Oaths will be needless . This pretence will be fully answered , if we consider these two things . 1st . That in matters of great importance no other obligation , besides that of an oath , hath been thought sufficient amongst the best and wisest of men to assert their fidelity to one another . Even the best men ( to use the words of a great Author ) have not trusted the best men without it . As we see in very remarkable instances , where Oaths have pass'd between those who might be thought to have the greatest confidence in one another : As between Abraham and his old faithfull servant Eliezer , concerning the choice of a Wise for his Son : Between Father and Son , Jacob and Joseph , concerning the buriall of his Father in the Land of Canaan : Between two of the dearest and most intimate Friends , David and Jonathan , to assure their friendship to one another ; and it had its effect long after Jonathan's death in the saving of Mephibosheth , when reason of State and the security of his Throne seem'd to move David strongly to the contrary ; for it is expresly said 2 Sam. 21. 7. that David spared Mephibosheth , Jonathan's Son , because of the oath of the Lord that was between them ; implying , that had it not been for his Oath , other considerations might probably have prevail'd with him to have permitted him to have been cut off with the rest of Saul's Children . 2dly . This Reason , which is alledged against Oaths among men , is much stronger against God's confirming his promises to us by an Oath . For he who is Truth it self is surely of all other most to be credited upon his bare word , and his oath needless to give confirmation to it ; and yet he condescends to add his oath to his word ; and therefore that reason is evidently of no force . Secondly , from Scripture . Our Saviour seems altogether to forbid swearing in any case , Matth. 5. 33 , 34. Ye have heard that it hath been said to them of old time , thou shalt not forswear thy self : but I say unto you swear not at all ; neither by heaven , &c. But let your communication be yea , yea , and nay , nay ; for whatsoever is more than these cometh of evil . And this Law St. James recites , chap. 5. ver . 12. as that which Christians ought to have a very particular and principal regard to ; above all things my Brethren swear not : And he makes the breach of this Law a damning sin , least ye fall into Condemnation . But the Authority of our Saviour alone is sufficient , and therefore I shall only consider that Text. And , because here lyes the main strength of this opinion of the unlawfulness of Oaths , it is very fit that this Text be fully consider'd ; and that it be made very evident , that it was not our Saviour's meaning by this prohibition wholly to forbid the use of Oaths . But before I enter upon this matter , I will readily grant , that there is scarce any Errour whatsoever that hath a more plausible colour from Scripture , than this ; which makes the case of those who are seduced into it the more pityable : But then it ought to be consider'd , how much this Doctrine of the unlawfulness of oaths reflects upon the Christian Religion ; since it is so evidently prejudiciall both to humane Society in generall , and particularly to those persons that entertain it : neither of which ought rashly to be supposed and taken for granted , concerning any Law delivered by our Saviour : Because upon these terms it will be very hard for us to vindicate the divine wisdom of our Saviour's Doctrine , and the Reasonableness of the Christian Religion . Of the inconvenience of this Doctrine to humane Society , I have spoken already . But besides this , it is very prejudicial to them that believe it . It renders them suspected to Government , and in many cases incapable of the common , benefits of Justice and other priviledges of humane Society , and exposeth them to great penalties , as the constitution of all Laws and Governments at present is ; and it is not easy to imagine how they should be otherwise . And which is very considerable in this matter , it sets those who refuse Oaths upon very unequall terms with the rest of Mankind , if where the estates and lives of men are equally concern'd , their bare testimonies shall be admitted without an Oath , and others shall be obliged to speak upon Oath : Nothing being more certain in experience , than that many men will lye for their interest , when they will not be perjured ; God having planted in the natural Consciences of men a secret dread of perjury above most other sins . And this inconvenience is so great , as to render those who refuse oaths in all cases almost intolerable to humane Society . I speak not this either to bring them into trouble , or to perswade them to measure truth by their interest : But on the other hand I must needs say , that it is no Argument either of a wise or good man to take up any opinion , especially such a one as is greatly to his prejudice upon slight grounds . And this very consideration , that it is so much to their inconvenience , may justly move them to be very carefull in the examination of it . This being premis'd , I come now to explain this Prohibition of our Saviour ; and to this purpose , I desire these three things may be well consider'd . First , That severall circumstances of these words of our Saviour do manifestly shew that they ought to be interpreted in a limited sense , as only forbidding swearing in common conversation ; needless and heedless oaths ( as one expresseth it ) and in general , all voluntary swearing , unless upon some great and weighty cause , in which the glory of God and the good of the souls of Men is concerned . For that in such cases a voluntary oath may be lawfull , I am induced to believe from the example of St. Paul , who useth it more than once upon such occasions ; of which I shall hereafter give particular instances . And this was the sense of Wise men among the Heathens , that men should not swear but upon necessity and great occasion . Thus Eusebius the Philosopher in Stobaeus , counsels men . Some ( says he ) advise men to be carefull to swear the truth ; but I advise principally that men do not easily swear at all , that is , not upon any slight , but only upon weighty occasions : To the same purpose Epictetus , Shun oaths wholly , if it be possible ; if not , however as much as thou canst : And so likewise Simplicius in his Comment upon him , We ought wholly to shun swearing , except upon occasions of great necessity : And Quintilian among the Romans , In totum jurare , nisi ubi necesse est , gravi viro parum convenit ; To swear at all , except where it is necessary , do's not well suite with a wise man. And , that this Prohibition of our Saviour's ought to be understood of oaths in ordinary conversation , appears from the opposition which our Saviour makes , Swear not at all ; but let your communication be yea , yea ; That is , in your ordinary commerce and affairs do not interpose oaths , but say and do . And this is very much confirmed , in that our Saviour do's not under this general Prohibition , instance in such oaths as are expresly by the name of God : The reason whereof is this ; The Jews thought it unlawfull in ordinary communication to swear expresly by the name of God , but lawfull to swear by the Creatures , as by Heaven and Earth , &c. So that our Saviour's meaning is , as if he had said ; You think you may swear in common conversation , provided you do not swear by the name of God ; but I say unto you , let your communication be without oaths of any kind : you shall not so much as swear by heaven or by earth , because God is virtually invoked in every oath . And unless we suppose this to be our Saviour's meaning , I do not see what good Reason can be given why our Saviour should only forbid them to swear by the Creatures , and not much rather by the Name of God ; such oaths being surely of all others most to be avoided , as being the most direct abuse and profanation of the Name of God. Secondly , It is very considerable to the explaining of this Prohibition , that there are the like general expressions in other Jewish Authours concerning this very matter , which yet must of necessity be thus limited . Maimonides , from the ancient Rabbies , gives this Rule , that it is best not to swear at all . And Philo useth almost the same words . And Rabbi Jonathan comes very near our Saviour's expression , when he says , The just man will not swear at all ; not so much as by the common Names of God , nor by his Attributes , nor by his Works , as by Heaven , or the Angels , or the Law. Now it is not imaginable , that these learned Jewes should condemn Oaths in all cases , when the Law of Moses did in many cases expresly require them . And therefore they are to be understood of voluntary oaths in ordinary conversation . And that the Jewes meant this by not swearing at all , seems to be very plain from a passage in Josephus , who says that the Sect of the Essenes forbad their Disciples to swear at all ; and yet he tells us at the same time , that they who were admitted into that Sect , took an oath to observe the Laws and Rules of it . So that they who forbad to swear at all , allowed of Oaths imposed by the Authority of Superiours . Thirdly , which will peremptorily decide this matter , this Prohibition of our Saviour's cannot be understood to forbid all Oaths , without a plain contradiction to the undoubted practice of the primitive Christians , and of the Apostles , and even of our Lord himself . Origen and Tertullian tell us , that the Christians refused to swear by the Emperour's Genius ; not because it was an Oath , but because they thought it to be Idolatrous : But the same Tertullian says , that the Christians were willing to swear per salutem Imperatoris , by the health and safety of the Emperour . Athanasius , being accused to Constantius , purged himself by oath , and desired that his Accuser might be put to his Oath , sub attestatione veritatis , by calling the truth to witness : by which form ( says he ) we Christians are wont to swear . But , which is more than this , St. Paul , upon weighty occasions , do's severall times in his Epistles call God to witness for the truth of what he says ; which is the very formality of an Oath . God is my witness , Rom. 1. 9. As God is true , our word was not yea and nay , 2 Cor. 1. 18. and v. 23. I call God for a record upon my Soul. Before God I lye not , Gal. 1. 20. God is my record , Philip. 1. 8. God is my witness , 1 Thess. 2. 5. These are all unquestionable oaths ; which we cannot imagine St. Paul would have used , had they been directly contrary to our Saviour's Law. And whereas some defend this upon account of his extraordinary Inspiration , I cannot possibly see how this mends the matter . For surely it is very inconvenient to say that they who were to teach the Precepts of Christ to others , did themselves break them by Inspiration . But I go yet farther , and shall urge an example beyond all exception . Our Saviour himself ( who surely would not be the first example of breaking his own Laws ) did not refuse to answer upon Oath , being called thereto at his Tryall . So we find Matth. 26. 63. The high Priest said unto him , I adjure thee by the living God , that thou tell us whether thou be the Christ the Son of God ; that is , he required him to answer this question upon Oath . For among the Jewes , the form of giving an oath to witnesses and others , was not by tendering a formal oath to them , as the custome is among us ; but by adjuring them , that is , requiring them to answer upon oath : As is plain from Levit. 5. 1. If a man hear the voice of swearing , and is a witness whether he hath seen or known of such a thing , if he do not utter it , then he shall bear his Iniquity . If he have heard the voice of swearing , that is , if being adjured or demanded to answer upon oath , concerning what he hath seen or heard , he do not utter the truth , he is perjured . Now to this adjuration of the high Priest , our Saviour answered , thou hast said : which words are not an avoiding to answer ( as some have thought ) but a direct answer ; as if he had said , it is as thou sayest ; it is even so , I am the Son of God. For upon this answer the high Priest said , he hath spoken blasphemy . But , to put the matter beyond all doubt , St. Mark tells us , Mark 14. 61. that he being asked by the high Priest , Art thou the Christ the Son of the Blessed ? He answered , I am . So that unless we will interpret our Saviour's Doctrine contrary to his own practice , we cannot understand him to forbid all Oaths ; and consequently they are not unlawfull . I have been the longer upon this , that I might give clear satisfaction in this matter to those that are willing to receive it . As for the Ceremonies in use among us in the taking of Oaths , it is no just Exception against them , that they are not found in Scripture . For this was always matter of Liberty ; and several Nations have used several Rites and Ceremonies in their Oaths . It was the custome of the Graecians , to swear laying their hands upon the Altar , quod sanctissimum jusjurandum est habitum , ( saith 〈◊〉 Gellius ) which was looked upon as the most sacred form of Swearing . The Romans were wont Jovem Lapidem jurare ; that is , he that swore by Jupiter held a Flint-stone in his hand , and flung it violently from him , with these words , Si sciens fallo ita me Jupiter bonis omnibus ejiciat ut ego hunc Lapidem ; If I knowingly falsify , God so throw me out of all my possessions as I do this stone . In Scripture there are two Ceremonies mentioned of Swearing . One , of putting the hand under the Thigh of him to whom the Oath was made . Thus Eliezer swore to Abraham , Gen. 24. and Joseph to Jacob , Gen. 47. The other was by lifting up the hand to heaven : Thus Abraham expresseth the manner of an Oath , Gen. 14. 22. I have lift up my hand to the most high God. And thus God condescending to the manner of men , expresseth himself , Deut. 32. 40. If I lift up my hand to heaven , and swear . In allusion to this custome the Psalmist describes the Perjured person , Psal. 144. 8. Whose mouth speaketh vanity ; and whose right hand is a right hand of falshood . And there is not the least intimation in Scripture , that either of these Ceremonies were prescribed and appointed by God , but voluntarily instituted and taken up by men . And thus among us the Ceremony of Swearing is by laying the hand on the holy Gospel , and kissing the Book ; which is both very solemn and significant . And this is the reason why this solemn kind of Oath is called a corporall Oath , and was anciently so called ; because the sign or ceremony of it is performed by some part of the Body . And this Solemnity is an aggravation of the Perjury , because it makes it both more deliberate , and more scandalous . I shall speak but briefly to the IV. And last particular , viz. the sacred obligation of an Oath : because it is a solemn appeal to God as a witness of the truth of what we say : To God , I say , from whose piercing and all-seeing eye , from whose perfect and infinite knowledge , nothing is or can be hid : So that there is not a thought in our heart but he sees it , nor a word in our tongue but he discerns the truth or falshood of it . Whenever we swear , we appeal to his knowledge , and refer our selves to his just judgment , who is the powerfull Patron and Protectour of Right , and the Almighty Judge and Avenger of all falshood and unrighteousness . So that it is not possible for men to lay a more sacred and solemn obligation upon their Consciences , than by the Religion of an Oath . Moses very well expresseth it , by binding our souls with a bond . Numb . 30. 2. If a man swear an oath , to bind his soul with a bond ; intimating that he that swears , lays the strongest obligation upon himself , and puts his Soul in pawn for the truth of what he says . And this obligation no man can violate , but at the utmost peril of the judgement and vengeance of God. For every Oath implies a Curse upon our selves , in case of Perjury , as Plutarch observes . And this was always the sense of Mankind , concerning the obligation of Oaths . Nullum vinculum ad astringendam fidem majores nostri jurejurando arctius esse voluerunt , saith Tully ; Our fore-fathers had no stricter bond , whereby to oblige the faith of men to one another , than that of an Oath . To the same purpose is that in the Comedian , Aliud si scirem , qui firmare meam apud vos possem fidem , sanctius quàm jusjurandum , id pollicerer tibi . If I knew any thing more sacred than an Oath , whereby to confirm to you the truth of what I say , I would make use of it . I will crave your patience a little longer , whilest by way of inference from this Discourse , I represent to you the great Sin of Swearing in common conversation , upon trivial and needless occasions ; and the hainousness of the sin of Perjury . 1. First . The great sin of Swearing , upon trivial and needless occasions , in common conversation . Because an Oath is a solemn thing , and reserved for great occasions , to give confirmation to our word in some weighty matter , and to put an end to controversies which cannot otherwise be peremptorily and satisfactorily decided . And therefore to use Oaths upon light occasions , argues great profaneness and irreverence of Almighty God. So Vlpian the great Roman Lawyer observes , Nonnullos esse faciles ad jurandum contemptu Religionis , that mens proneness to swearing comes from a contempt of Religion ; than which nothing disposeth men more to Atheism and Infidelity . Besides that it doth many times surprize men unawares into Perjury : And how can it be otherwise , when men use to interlard all their careless talk with Oaths , but that they must often be perjur'd ? And which is worse , it prepares men for deliberate perjury : For with those who are accustomed to swear upon light occasions , an Oath will go off with them more roundly about weightier matters . From a common custome of swearing ( saith Hierocles ) men easily slide into perjury : Therefore ( says he ) if thou wouldest not be perjured , do not use to swear . And this perhaps is the meaning of St. James , when he cautions Christians so vehemently against common swearing , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ( for so some of the best ancient Copies read it ) least ye fall into hypocrisy , that is , least ye lye and be perjured , by using your selves to rash and inconsiderate swearing . And men expose themselves to this danger to no purpose ; Oaths in common discourse being so far from confirming a man's word , that with wise men they much weaken it : For common swearing ( if it have any serious meaning at all ) argues in a man a perpetual distrust of his own reputation , and is an acknowledgment that he thinks his bare word not to be worthy of credit . And it is so far from adorning and filling a man's discourse , that it makes it look swolne and bloated , and more bold and blustring than becomes persons of gentle and good breeding . Besides , that it is a great incivility , because it highly offends and grates upon all sober and considerate persons ; who cannot be presumed with any manner of ease and patience to hear God affronted , and his great and glorious Name so irreverently tost upon every slight occasion . And it is no excuse to men that many times they do it ignorantly , and not observing and knowing what they do . For certainly it is no extenuation of a fault , that a man hath got the habit of it so perfect , that he commits it when he do's not think of it : Which consideration should make men oppose the beginnings of this Vice , lest it grow into a habit very hard to be left . Nemo novit , nisi qui expertus est , quàm sit difficile consuetudinem jurandi extinguere , saith St. Austin ; No man knows , but he that hath tryed , how hard it is to get rid of this custome of Swearing : But yet it is certain men may do it , by resolution , and great care of themselves : For he that can chuse whether he will speak or not , can chuse whether he will swear or not when he speaks . Major consuetudo majorem intentionem flagitat ; the more inveterate a custome is , the greater care should be used to break our selves of it . In short , This practice is so contrary to so plain a Precept of our Saviour , and by the breach whereof we incurr so great a danger ( as St. James assures us ) that it must be a great charity that can find out a way to reconcile a common custome of swearing with a serious belief of the Christian Religion : Which I would to God those who are concerned would seriously lay to heart . Especially , since this Sin of all others hath the least of Temptation to it . Profit or Pleasure there is none in it ; nor any thing in mens naturall tempers to incite them to it . For though some men pour out Oaths so freely as if they came naturally from them , yet surely no man is born of a swearing constitution . All that can be pretended for it , is Custome and Fashion : But , to shew that this is no Excuse , it is very observable , that it is particularly in the matter of Oaths and Perjury that the Holy Ghost gives that caution , Thou shalt not follow a multitude to do evil . And lastly , it deserves to be considered , that this sin is so much the greater because of the frequent returns of it , in those that are accustomed to it . So that although it were but small in it self ( as it is not ) yet the frequent practice of this sin would quickly mount it up to a great score . 2. Secondly , To represent the heinousness of the sin of Perjury . But before I aggravate this Crime , it is fit to let men know how many ways they may be guilty of it . 1st . When a man asserts upon oath what he knows to be otherwise : Or promiseth what he does not intend to perform . In both these cases the very act of swearing is Perjury . And so likewise when a man promiseth upon oath to do that which it is unlawfull for him to do ; because this oath is contrary to a former obligation . 2dly . When a man is uncertain whether what he swears to be true . This likewise is Perjury , in the act ; though not of the same degree of guilt with the former , because it is not so fully and directly against his knowledge and conscience . For men ought to be certain of the truth of what they assert upon oath , and not to swear at venture . And therefore no man ought positively to swear to the truth of any thing but what he himself hath seen or heard : This being the highest assurance men are capable of in this world . In like manner , he is guilty of perjury in the same degree , who promiseth upon oath what he is not morally and reasonably certain he shall be able to perform . 3dly . They are likewise guilty of Perjury , who do not use great plainness and simplicity in oaths ; but answer aequivocally and doubtfully , or with reservation of something in their minds , thinking thereby to salve the truth of what they say . And we all know who they are that make use of these arts , and maintain them to be lawfull ; to the infinite scandall of the Christian Religion , and prejudice of humane Society , by doing what in them lyes to destroy all Faith and mutual Confidence among men . For what can be a greater affront to God , than to use his Name to deceive men ? And what can more directly overthrow the great end and use of oaths , which are for confirmation , and to put an end to strife ? Whereas by these arts the thing is left in the same uncertainty it was before , and there is no decision of it . For there is hardly any form of words can be devised so plain , as not to be lyable to Equivocation : To be sure , a man when he swears , may always reserve something in his mind which will quite alter the sense of what ever he can say or promise upon oath . And this may be laid down for a certain Rule , That all departure from the simplicity of an oath , is a degree of Perjury ; and a man is never a whit the less forsworn , because his perjury is a little finer and more artificiall than ordinary . And though men think by this device to save themselves harmless from the guilt of so great a Sin , they do really increase it , by adding to their iniquity the impudent folly of mocking God and deceiving themselves . And whereas it is pleaded , in the favour of mental reservation , that the whole Proposition , as made up of what is exprest in words and of that which is reserved in the mind , is true ; For instance , if a man being ask'd upon Oath whether he be a Priest , shall answer he is not , reserving in his mind that he is not a Priest of Bacchus , or some such thing , the whole Proposition is true , and then they say a man may swear to that which is true , without danger of perjury : This is of no force , because , though the whole Proposition be true , it is deceitfull , and contrary to that sincerity which ought to be in an oath : And the end of an oath is hereby likewise defeated , which is to ascertain the truth of what we say : But if a man reserve something in his mind which alters the truth of what he says , the thing is still as doubtfull and uncertain as it was before . Besides , if this be a good reason ; a man may swear with reservation in all cases , because the reason equally extends to all cases ; for if the truth of the Proposition , as made up of what is express'd in words and reserv'd in the mind , will excuse a man from Perjury , then no man can be perjur'd that swears with reservation : But this the Casuists of the Roman Church do not allow , but only in some particular cases , as before an incompetent Judge , or the like ; for they see well enough that if this were allow'd in all cases , it would destroy all faith among men . And therefore since the reason extends alike to all cases , it is plain that it is to be allow'd in none . 4thly . He is guilty of Perjury after the act , who having a real intention when he swears , to perform what he promiseth , yet afterwards neglects to do it : Not for want of Power ( for so long as that continues the obligation ceaseth ) but for want of Will , and due regard to his oath . Now that Perjury is a most heinous Sin , is evident , because it is contrary to so plain and great a Law of God ; one of the ten Words or Precepts of the Moral Law , Thou shalt not take the Name of the Lord thy God in vain ; thou shalt not bring or apply the name of God to a falshood : Or , as Josephus renders it , Thou shalt not adjure God to a false thing : Which our Saviour renders yet more plainly , Matth. 5. 33. Thou shalt not forswear thy self . For he seems to refer to the third Commandment when he says , Ye have heard that it was said to them of old time , thou shalt not forswear thy self , as he had done before to the 6th . and 7th . when he says , It was said to them of old time , thou shalt not kill , thou shalt not commit adultery . So that the primary , if not the sole intention of this Law , Thou shalt not take the name of the Lord thy God in vain , is to forbid the great sin of Perjury . And I do not remember that in Scripture the phrase of taking God's name in vain , is used in any other sense . And thus it is certainly used , Prov. 30. 9. Lest I be poor and steal , and take the name of the Lord my God in vain : i. e. lest Poverty should tempt me to steal , and stealth should engage me in Perjury . For among the Jewes an oath was tendered to him that was suspected of theft , as appears from Levit. 6. 2. where it is said , If any one be guilty of theft , and lyeth concerning it , or sweareth falsly ; he shall restore all that about which he hath sworn falsly . Left I steal , and take the name of the Lord my God in vain ; that is , be perjured , being examined upon oath concerning a thing stoln . And for this reason the thief and the perjured person are put together , Zech. 5. 4. where it is said , that a curse shall enter into the house of the thief , and of him that sweareth falsly by the name of God. From all which it is very probable , that the whole intention of the 3d. Commandment is to forbid this great sin of Perjury . To deterr men from which , a severe threatning is there added ; for the Lord will not hold him guiltless that taketh his name in vain ; that is , he will most severely punish such a one . And 't is very obseravble , that there is no threatning added to any other Commandment , but to this and the second ; Intimating to us that next to Idolatry and the worship of a false God , Perjury is one of the greatest affronts that can be offered to the divine Majesty . This is one of those sins that cries so loud to Heaven , and quickens the pace of God's judgments , Mal. 3. 9. I will come near to you in judgment , and be a swift witness against the swearer . For this God threatens utter destruction to the man and his house , Zech. 5. 4. speaking of the curse that goeth over the face of the whole earth ; God ( says he ) will bring it forth , and it shall enter into the house of him that sweareth falsly by the name of God , and shall remain in the midst of his house , and shall consume it , with the timber thereof and the stones thereof . It shall remain in the midst of his house , and shall consume it . This sin by the secret judgment of God undermines Estates and Families , to the utter ruine of them . And among the Heathen it was always reckoned one of the greatest of Crimes , and which they did believe God did not only punish upon the guilty person himself , but upon his family and posterity ; and many times upon whole Nations , as the Prophet also tells us , that because of Oaths the Land mourns . I need not use many words to aggravate this sin ; it is certainly a Crime of the highest nature . Deliberate Perjury being directly against a man's knowledge , so that no man can commit it without staring his Conscience in the face ; which is one of the greatest aggravations of any Crime . And it is equally a sin against both Tables ; being the highest affront to God , and of most injurious consequence to men . It is an horrible abuse of the name of God , an open contempt of his Judgment , and an insolent defiance of his Vengeance : And in respect of men , it is not only a wrong to this or that particular person who suffers by it , but Treason against humane Society ; subverting at once the foundations of publick Peace and Justice , and the private security of every man's life and fortune . It is a defeating of the best and last way that the wisdome of men could devise for the decision of doubtfull matters . Solomon very fully and elegantly expresseth the destructive nature of this sin , Prov. 25. 18. A false witness against his neighbour , is a maul , and a sword , and a sharp arrow : Intimating , that amongst all the instruments of ruine and mischief that have been devised by mankind , none is of more pernicious consequence to humane Society than Perjury , and breach of Faith. It is a pestilence that usually walketh in darkness , and a secret stab and blow against which many times there is no possibility of defence . And therefore it highly concerns those who upon these and the like occasions are called upon their Oath , whether as Jurors or Witnesses , to set God before their eyes , and to have his fear in their hearts , whenever they come to take an oath : And to govern and discharge their consciences in this matter by known and approved Rules , and by the Resolutions of pious and wise men ; and not by the loose Reasonings and Resolutions of Pamphlets , sent abroad to serve the turns of unpeaceable and ill-minded men ( whether Atheists , or Papists , or others ) on purpose to debauch the Consciences of men by teaching them to play fast and loose with oaths . And it is a very sad sign of the decay of Christian Religion amongst us , to see so many who call themselves Christians , to make so little conscience of so great a sin , as even the Light of Nature would blush and tremble at . I will conclude all with those excellent Sayings of the Son of Sirach concerning these two sins ( I have been speaking of ) of Profane Swearing , and Perjury , Eccle. 23. 9 , 10 , &c. Accustome not thy mouth to swearing ; neither use thy self to the naming of the holy One. A man that useth much swearing shall be filled with iniquity ; and the plague shall never depart from his house . If he shall offend , his sin shall be upon him ; and if he acknowledge not his sin , he maketh a double offence . And if he swear falsly , he shall not be innocent , but his house shall be full of calamities . And to represent to us the dreadful nature of this sin of Perjury , There is ( saith he ) a word that is clothed about with death , meaning a rash and false Oath ; There is a word that is clothed about with death , God grant it be not found in the heritage of Jacob : For all such things shall be far from the godly ; and they will not wallow in these sins . From which God preserve all good men , and make them careful to preserve themselves ; as they value the present peace of their own consciences , and the favour of Almighty God in this World and the other , for his Mercies sake in Jesus Christ. To whom , &c. FINIS .