The whole treatise of the cases of conscience distinguished into three bookes: the first whereof is revised and corrected in sundrie places, and the other two annexed. Taught and deliuered by M. W. Perkins in his holy-day lectures, carefully examined by his owne briefes, and now published together for the common good, by T. Pickering Bachelour of Diuinitie. Whereunto is adioyned a twofold table: one of the heads and number of the questions propounded and resolued; another of the principall texts of Scripture vvhich are either explaned, or vindicated from corrupt interpretation.

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The whole treatise of the cases of conscience distinguished into three bookes: the first whereof is revised and corrected in sundrie places, and the other two annexed. Taught and deliuered by M. W. Perkins in his holy-day lectures, carefully examined by his owne briefes, and now published together for the common good, by T. Pickering Bachelour of Diuinitie. Whereunto is adioyned a twofold table: one of the heads and number of the questions propounded and resolued; another of the principall texts of Scripture vvhich are either explaned, or vindicated from corrupt interpretation.
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Perkins, William, 1558-1602.
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[Cambridge] :: Printed by Iohn Legat, Printer to the Vniuersitie of Cambridge,
1606. and are to be sold [in London] in Pauls Church-yard at the signe of the Crowne by Simon Waterson.
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Conscience -- Early works to 1800.
Sin -- Early works to 1800.
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http://name.umdl.umich.edu/A09365.0001.001
Cite this Item
"The whole treatise of the cases of conscience distinguished into three bookes: the first whereof is revised and corrected in sundrie places, and the other two annexed. Taught and deliuered by M. W. Perkins in his holy-day lectures, carefully examined by his owne briefes, and now published together for the common good, by T. Pickering Bachelour of Diuinitie. Whereunto is adioyned a twofold table: one of the heads and number of the questions propounded and resolued; another of the principall texts of Scripture vvhich are either explaned, or vindicated from corrupt interpretation." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A09365.0001.001. University of Michigan Library Digital Collections. Accessed June 12, 2025.

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Page 379

CHAP. XIII.

Of an Oathe.

THe sixt head of Gods worship is, an Oath; concerning which, three Questions are to be handled.

  • I. What an Oathe is?
  • II. How an Oathe is to be taken?
  • III. How farre forth it bindeth, and is to be kept?
Sect. 1.
I. Question. What is an oathe?

An Oathe, is a religious, and necessarie * 1.1 confirmation of things doubtfull, by calling on God, to be a witnesse of truth, and a re∣venger of falshood.

First, I call it, a Confirmation; for so the Holy Ghost speaketh, An oath for confirmation, is a∣mong men an ende of all strife. Heb. 6. 16.

Secondly, I terme it a religious confirmation, because an Oath is a part of Gods Religion and worshippe; Yea it is sometimes put for the whole worshippe of God; Esay. 19. 28. In that day, shall they swear by the Lord of hosts,

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that is, they shall worship the true God.

Thirdly I adde, a necessarie confirmation, be∣cause an Oathe is neuer to be vsed, in way of confirmation, but onely in case of meere necessitie. For when all other humane proofes do faile, then it is lawfull, to fetch testimonie from heauen, and to make God himselfe our witnes. In this case alone, and neuer els, it is lawfull to vse an Oathe.

Fourthly I say, in which God is called vpon, as a witnes of the trueth, and a reuenger of false∣hoode. This is added in the last place, because herein alone, stands the forme and life of an Othe; that in things doubtfull; we call God as a witnes of truth, and a iust revenger of the contrary. There be sundry kindes of con∣firmatiō, as the affirmation, the asseueration, and the obtestation. And by this Clause, an Oath is distinguished from them all; because in it, we call vpon God to giue witnesse to the thing avouched, but in the other three we doe not.

Now touching this last point, of the forme and life of an Oathe, three Questions are to be answered, for the better clearing of the whole doctrine.

I. Question. Whether an Oathe taken by Creatures be a true Oath, and to be kept?

Ans. An Oathe by creatures, is an Oath, though vnlawfull. For though there be not in it, a direct invocation of God for witnesse, yet when we call the creature to giue testi∣mony,

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we doe then indirectly cal vpon God, because he is seene in them; and looke how many creatures there be in the world, so ma∣ny signes are they of Gods presence. This answer Christ himselfe maketh, Matth. 23. 21, 22. He that sweareth by heauen, sweareth by the throne of God, and by him that sitteth thereon, that is, by God himselfe.

II. Question. Whether an oath by false gods, be a true oath or no? for example, the oath of the Turke by Mahomet; the oath of Laban, by the gods of Nachor, that is, by his Idols: when as in them, there is no inuoca∣tion of the true God of heauen and earth.

I answer as before; though it be not a lawfull oath, yet it is in value & effect an oath. For though that thing be a false god indeed, by which it is taken; yet it is the true God, in the opinion of him that sweareth. Thus Mahomet is to the Turke, in stead of the true God, and is honoured of him as God: and therefore his oath by Mahomet, is a true oath. Thus when Iacob in the couenant that he made with Laban, sweares by the feare of his father Isaak, and Laban by the Idols of Nachor; Iacob accepted the oath which was tendered to him, in the name of a false god; which he would not haue done, if it had not beene an oath at all. And hence the Case is plaine, that swearing by a false god, is an oath: and therefore bindeth the swearer in Conscience, thought it be vnlawfully taken.

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III. Question. If in euery oath, God ought to be cited as a witnes, how then can God sweare by himselfe, seeing none can witnes vnto him?

Ans. This description of an oath, where∣by the creature sweareth, includes not that oathe, whereby God sweareth. For the ende why God sweareth is, to binde himselfe (as it were) with a bond vnto man, whereby he would haue man to repute him a lier, and no God, if he failes and keepes not his promise. Thus the Lord sweares in his wrath, Hebr. 3. 11. If they shall enter into my rest. The words of the oath, are to be vnderstoode with this clause, If, &c. then let me be holden as no God, or as a false god. And in this manner is God said to sweare, when he manifesteth to man, that he is content to be counted no God, if that which he auoucheth by oath, be not performed.

Furthermore in every Oath, there be foure distinct things. First, an Asseueration of the truth; which should be avouched, though there were no oath taken. Secondly, a con∣fession or the omnipotent presence, wise∣dome, iustice and truth of God; whereby we acknowledge, that he is the searcher and knower of the heart; yea that he is both wit∣nesse, iudge, and reuenger of falshood and ly∣ing. Thirdly, Prayer and Inuocation, where∣by God is called vpon, to giue testimonie to the conscience of him that sweareth, that he

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speakes nothing, but the truth. These two actions, of Confession and Invocation, doe make an othe, to be no lesse a true and pro∣per part of Gods worshippe, then praier it selfe. Fourthly, Imprecation, in which a man acknowledging God the the iust reuenger of a lie, bindes himselfe to punishment, if he shall sweare falsely, or speake an vntrueth wittingly or willingly.

Now, though these be the distinct parts of an Oath, yet all of them are not expressed in the forme of euery oath; but sometimes one, sometimes two of the principall, and the o∣ther concealed, but yet alwaies vnderstood. For example. The Prophet Ieremie teacheth the people of Israel a forme of swearing, Thou shalt sweare, The Lord liueth, Ierem. 4. 2. In which, there is expressed onely the second part, Confession, and in that, the rest are to be vnderstood. Againe, the words of Ruth to Naomi, The Lord doe so to me, and more also, if ought but death depart thee and me, are onely an Imprecation, in which the other parts are infolded. So, the othe which God maketh, Heb. 3. 11. If they shall enter into my rest, is ex∣pressed onlie by imprecation, and the other parts vnderstood, though they be not men∣tioned. In common speach betweene man and man, it is vsually avouched, (though most wickedly,) If it be not thus or thus, let me be banged, I would I were dead, I would I might neuer mooue hence, &c. Now this auouchment,

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howsoeuer it may be taken, is indeed a form of swearing, in value and force all one with the oath of God, when he saith, If they enter into my rest, let me be no God, but a deceiuer.

Sometimes two parts of the foure, are ex∣pressed, and the rest vnderstood. 2. Cor. 1. 23. Now I call God to record vnto my Soule. Here Invocation with Imprecation, is vttered in speach, and the other two conceiued in the minde. By these particulars, we see it vsuall in Scripture, to propound formes of swea∣ring, by expressing some one, or two particu∣lar parts in stead of the rest, yet so, as the parts concealed be all vnderstood, for other∣wise the othe is not formalland entire.

Sect. 2.
II. Question. How an Oathe is to be ta∣ken in a good and godly man∣ner?

For the answering hereof, two Rules are to be remembred.

The first Rule. He that will take an Oathe by the name of God, must sweare in truth, in iudgement, in righteousnesse. Ierem. 4. 2. Here three vertues are required in a lawfull Oathe.

First, that it be made in truth. And wee must know, that there is a double truth, the

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one, of the thing spoken, the other, of the minde wherein it is conceiued. Truth of the thing is, when a mans speech is framed according to the thing, as it is indeede, or as neare as possibly may be; and that because God is truth it selfe: This is called by Schoolemen, Logical veritie. Sometimes by reason of mens frailtie, this truth is wanting, because we know not things as they are. The truth of the minde is, when a man speakes or sweares as he thinketh, or is in conscience perswaded of the thing; and this the Schoolemen tearme, Morall veritie. Now, though the first of these two be wanting, yet the latter must necessa∣rily be in an oath, least we fall into per∣iurie.

The second vertue is Iudgement, that is, prudence or wisdome. This Iudgement re∣quires discretion, and consideration, princi∣pally of fiue things. First, of the thing in que∣stion, which is to be confirmed. Secondly, of the nature of the oath, that is taken. Thirdly, of the minde, and true meaning of him that sweareth. Fourthly, of the particular circūstā∣ces, of time, place, & persons, when, where, and before whome he sweareth. Fiftly, of the euent or issue of the oath. All these are duly to be regarded, that we sweare not rashly, or vnaduisedly.

The third is Iustice, wherein also care must be had of two things. First, that the point to be confirmed, be lawefull. And it is then

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lawfull, when it may stand with pietie, and charitie. Secondly, that the occasions of ta∣king the oath, be also iust; and they be chief∣ly foure. I. When it may further Gods glo∣rie and worship: or serue to prooue some do∣ctrine of saluation, in whole or in part. II. When it may tende to the furtherance of brotherly loue; or to the preseruation of our neighbours life, goods, or good name: or further, to the confirmation of some league, couenant, or contract made betweene par∣ties, vpon good ground, and for good and necessarie purposes. III. When it serueth, to releeue a mans owne priuate necessitie; as when one sweares to maintaine his owne good name, goods, or life; to confirme his owne faith and truth in contracts. An exam∣ple hereof we haue in Paul; who to confirme the Romanes, in the perswasion of his loue and care of their saluation, saith, God is my witnesse (whome I serue in my spirit, in the Gospel of his Sonne) that without ceasing, I make menti∣on of you, Rom. 1. 9. And againe, to keepe his owne credit and good name, among the Iewes, I say the truth in Christ, I lie not, my con∣science bearing me witnesse, in the holy Ghost, Rom. 9. 1. IV. When the Magistrate doth exact it, by order of iustice. This, though it be a iust occasion, and warrant of an oath, yet three Caueats are in it to be obserued.

First, that the oath be administred lawful∣ly, not against pietie or charitie. Secondly, he

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which takes an oath, tendered by the Magi∣strate, must sweare according to the minde and meaning of the Magistrate who exacts the oath, and not according to his owne pri∣uate intent. Thirdly, he must not sweare am∣biguously, but in a simple sense, so as the words of his mouth, may be agreeable with that, which he conceiueth in his heart. Psal. 15. 2. And whatsoeuer oath is taken without obseruation of these Caueats, the same is not taken in truth, but in fraud and deceit. Po∣pish teachers affirme, that in some cases, they may sweare in a doubtfull meaning: And this they practise in time of daunger, when beeing conuented before the Magistrate, and examined, they answer Yea in word, and conceiue a negation, or No in their mindes. A practise most impious, and flat against this excellent Rule of the Prophet, that a man should sweare in truth, iudgement, & iustice.

The Second Rule is, That the forme in which the oath is propounded, must be a plaine, simple, and direct forme, wherein God is directly called to witnesse. For his worship is directly to be giuen to him: and therefore the oath also, beeing an Inuocati∣on of his name, and a part of his worship, is directly to be made.

That the meaning of this Rule, may the better appeare, one Question is to be answe∣red; Whether in the Forme of an oath, a man may not sweare, directly by creatures, and

Page 388

indirectly by God?

Most of the Popish sort, and some Prote∣stants hold, that he may. But the truth is o∣therwise. I say vnto you (saies our Sauiour) sweare not at all: neither by heauen—nor by the earth—nor by thy head, &c. Matth. 5. 34. In which words, he forbids all indirect oathes, whereby men sweare directly by creatures, and indirectly by God: for so did the Pha∣risies. Againe, if a man might sweare by creatures, and conceale the name of God, it would diminish his Maiestie and authoritie, and much deceit might be vsed: for the swearer might say, that he sware not, but on∣ly vsed an obtestation.

Against this it is obiected. I. That Ioseph sware by the life of Pharaoh, Gen. 42. 25. therefore it may seeme, that oathes by crea∣tures are not vnlawfull. Ans. First, it may be said, that Ioseph sinned in so swearing: for therein he imitated the Egyptians, who sware by the life of their King. Secondly, it may be answered, that Ioseph doth onely make an asseueration, and not an oath.

Obiect. II. The Church in the Canticles takes an oath, by the Creatures. Cant. 2. 7. I charge you, daughters of Ierusalem, by the roes, and by the hinds of the field, &c. Ans. It is no oath, but an obtestation, wherby the Church calls the creatures, to witnesse her earnest affection to Christ. The like is made by Mo∣ses, De••••. 30. 19. when he saith, I call heauen

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and earth to record against you this day. And by Paul, in his charge to Timothie, 1. Tim. 5. 21. I charge thee, before the elect Angels. In which, and the like speeches, there is no swearing, but a kind of citation, or summoning of the Creatures as witnesses. And there is great difference betweene an oath, and an obtestati∣on. In the Obtestation, there is no more, but a calling of the creature to giue testimonie, the matter beeing already apparent and ma∣nifest. But in an Oath, where the matter is not so manifest, God is made not onely a witnesse, but also a iudge and reuenger.

Obiect. III. Saint Paul sweares by his re∣ioycing in Christ, 1. Cor. 15. 31. which reioy∣cing was a created passion, or a creature. Ans. That was also an obtestation, or a word of auouchment, and asseueration; and not an oath. For it is all one, as if he had said thus; My sorrowes and afflictions, which I indure for Christ, would testifie (if they could speak) that as certenly as I reioyce in Christ, so certenly I die daily.

Obiect. IV. Abigail sware to Dauid by the creature; As the Lord liueth, and as thy soule liueth, 1. Sam. 25. 26. Ans. The former part of her speech, may be called an oath, but the latter is onely an obtestation, or ear∣nest auouchment, ioyned with an oath.

Now, although it be in no sort, lawfull to sweare by creatures, yet when a man swea∣reth directly by God, he may name the crea∣tures

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in way and forme of an oath; specially if he make them as his pawnes, and pledges, set before God, that he may in iustice, be re∣uenged vpon him in them, if he lieth and sweareth not a truth.

Sect. 3.
III. Question. How farre-forth doth an Oath binde, and is to be kept?

The answere to this Question is large, and * 1.2 therefore for orders sake I distinguish it into two parts, and first I will shew when an oath bindes, secondly when it bindeth not.

For the first; An Oathe taken of things cer∣taine, lawfull, and possible, is to be kept, yea and bindes alwaies, though it bee tendred even to our enemies; To this purpose God hath giuē special Commandemēnt in sundry places. Numbers. 30. 3. Whosoeuer sweareth an oath, to bind his soule by a bond, he shall not break his word, but shall doe, according to all that pro∣ceeds out of his mouth: Mat. 5. 33. Thou shalt not forswear thy selfe, but shalt performe thine oathes vnto the Lord: Exod, 20. 7. Thou shalt not take the name of the Lord thy God in vaine; that is, lightly and rashly. But Gods name is taken in vain, when an oathe made of things law∣full and possible is not kept; Dauid, at the humble request of Shimei, (who had before

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cursed him) pardons his fault for the time, & sweares to him that he should not die, 2. Sam. 19. 23. Dauid made conscience of this oathe, knowing himselfe to be bound thereby, and therefore till his death he kept it; onely hee charged Solomon not to count him inno∣cent. 1. King. 2. 9.

Now for the better clearing of the an∣swer, we are to consider four particular cases touching this point.

I. Case. What if a man take an oath by false Gods, whether is he bound to keepe it, yea or no?

Ans. He is, and the reasons are these; First from the like. There was a question among the Scribes and Pharises, Matt. 23. 16. whe∣ther a man swearing by the creature were a debter or no? The Pharisees taught, that if a man sware by creatures, the oathe did not binde; But Christ vers. 20. affirmeth, that he that sweares by the Temple, or by the Altar or by heauen, sweares by God indirectly, & so takes an oathe, though not a lawfull oath; and thereupon remaines bound, and is a debter; now by propotion he that sweares by false Gods, sweares by God indirectly, because the false God is, in the opinion of him that sweares, a true God, and so his oath bindeth, and is to be kept. Secondly, Abra∣ham accepts the oathe that Abimelech tendreth vnto him in the name of a false God, Gen. 21. 23 So doth Iacob accept of the

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oathe made vnto him by Laban, Gen. 31. 53. which they would not haue done, if their oathes had not beene sufficient bondes, to binde them to obseruation, and perfor∣mance.

It will be said; He that admits of an oathe by an Idoll, doth communicate in the sinne of him that sweareth. Ans. In case of necessi∣tie, a man may admitte of such an oath, with∣out sinne. A poore man, beeing in extreame want, borroweth of an vsurer vpon interest. It is sinne to the vsurer to take it; but it is not so in the poore man, who is compelled by the vsurer to giue interest: Thus the poore man doth vse well the iniquitio of the vsu∣rer: So it is in an oath; A Godly man may well vse, and take benefite by the wicked oathes of Idolaters, so farre forth as they shall serue for the ratifying, and confirming of lawfull couenants.

II. Case. If a man take an oathe, and after∣ward endure hurt or dammage by it, whe∣ther is he then bound to keepe his oath or no?

Ans. If the losse he but temporary and pri∣uate, (the oath beeing made of a thing law∣full) it must be indured. For Dauid reckoneth it among the properties of a good man, That he sweareth, and changeth not, though it be to his hurt, Psal. 15. 4.

And here a difference is to be made be∣tweene a promissorie oath, and a single promise.

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A single promise may be reversed by the will, and consent of him, to whom it is made; but a promise made by an oath, is to be kept, though losses and hinderances ensue therevpon. For the reuerence we beare to the name of God vsed in the oathe, ought to be of greater force with vs, then any priuate hinderance or inconueniēce, which may be∣fall vs, vpon the performance of the same.

III. Case. Whether doth an oath binde conscience, whereunto a man is drawne, by fraud and subtiltie?

Ans. If the oath be of things lawfull and possible, it bindeth and is to be kept, though we were induced to it by deceit. Ioshua de∣ceiued by the Gibeonites, was brought to make Couenant of peace with them, and to bind it by an oath: Now perceiuing after three daies, that they had wrought it by craft, he would not touch them, in reuerence of the oath, that he had taken. Iosh. 9. 18, 19, 20. And about 300 years after, whē Saul had slaine certaine of the Gibeonites, the Israe∣lites for that fact, were punished with three yeares famine; which could not be staied, till seauen persons of Sauls house were hanged vp in Gibeah. 2. Sam. 21.

IV. Case. What if a man take an oath by feare and compulsion, is he to keepe it, yea or no? For example. A man falling into the hands of theeues, for the safetie of his life, is vrged to take a solemne oath, that he will

Page 394

fetch and deliuer them some portion of mo∣ney, and withall neuer disclose the parties. The oath beeing thus taken, the Question is, whether he be bound to keepe it?

Ans. Some Diuines are of opinion, that the oath is to be kept, and some say no: but generally it is answered, that it must be kept, because this feare did, not abolish the con∣sent of his will. But if it be alleadged, that in so doing, he shall hurt the Common-wealth: Answer is made, that if he doe not sweare se∣crecie, he may in probabilitie bring greater damage to the weale publike, in depriuing it of a member, by the losse of his owne life. But it will be saide, by this meanes he main∣taines a theefe. Ans. Be it so: yet he re∣maines excusable, because that was not his intent, but onely to preserue his owne life, to the good of the Common-wealth.

Thus the most and best Diuines doe hold. But for my part, I leaue it in suspense; though it seemes in likelihood that the partie which sweares silence, doth after a sort maintaine theft, and communicate with the sinne of the robber: and further giues occasion, that others may fall into the like hazard and ieo∣pardie of their liues. And so much of the first part of the Answer.

The second part of the Answer to this third maine Question followes: namely to * 1.3 shew, when an oath bindes not. An oath doth not binde in sixe Cases.

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I. When it is against the word of God, and tends to the maintenance of sinne. The reason is, because when God will not haue an oath to bind it must not bind: For an oath must not be a bond of iniquitie. Hereupon Dauid hauing sworne a rash oath, to destroy Nabal and his house, and beeing staied from it by the Lord in the meanes of Abigail; he praiseth God in this manner: Blessed be the Lord God of Israel, which sent thee this day to meete me, and blessed be thy counsell, and blessed be thou, which hast kept me this day, from cōming to shed blood. 1. Sam. 25. 32, 33.

II. If it be made against the wholesome lawes of the Commonwealth; because euery soule must be subiect to the higher powers. Rom. 13. 1.

III. If it be taken of such persons, as want reason; as of children, mad-men, or fooles; because they know not what they sweare: and there can be no binding of Conscience, when he that sweareth wanteth reason to discerne what he doth.

IV. If it be made by those, who are vnder the tuition of their superiours, and haue no power to binde themselues; as by children which are vnder the gouernment of their Parents: For these are part of their parents goods, and therefore not fit to vndertake an oath, without their consent. Neither are they to choose a calling, or make any contract of themselues, but onely by the direction and

Page 396

aduise of their parents; though some of the Popish sort do erroniously teach, that a child may binde himselfe by oath, to become a Monke of this or that order, without Con∣sent of Parents.

V. If it be made of things impossible: for then it is a vaine oath.

VI. If at the first it were lawfull, and af∣terward become impossible and vnlawfull. For such oathes God himselfe may be said to reuerse. Thus if a man bind himselfe by oath to liue in single life without marriage, and after findes that God-hath not giuen him the gift of continencie; in this case, his oath becomes impossible to be kept, and there∣fore beeing reversed by God, and becōming vnlawful, it may be broken without impiety.

To these sixe, the Papists adde two other. The first, when the oathe is made vpon cu∣stome. And they put this example; If two men going out of a dore or ouer a bridge, the one sweares by God that he will not goe first; likewise sweares the other: yet at the last after contention, one of them goes first. In this case, saies the Papist, the othe bindes not. Ans. Custome cannot make that, which is sinne, to be no sinne, or periurie, to be no periurie: but rather doubles the sinn, & makes it aboue measure morevile & abhominable: and they that giue themselues to this vsuall, and customable swearing, cannot but often∣times become guiltie of flat periurie.

Page 397

The Second Case is, when the Superiour power, that is, the Pope, or other inferiour Bishops, giue order to the contrarie, by re∣laxation or dispensation. Ans. It is falfe. For in euery lawful oath there is a double bond; one of man to man, the other of mā to God. Now if in the oath taken, man were onely obliged to man, the oath might be dispense∣able by man: But seeing man, when he swea∣reth to man, sweareth also to God, and ther∣by is immediately bound to God himselfe; hence it followeth, that an oath taken, can∣not haue release from any creature. There∣fore our Sauiour Christs commandement is, Thou shalt not forsweare thy selfe, but shalt per∣forme thy oathes, to whome? to the Lord. Math. 5. 33. And the oath that passed betweene Dauid and Ionathan, is called The Lords oath, 2. Sam. 21. 7 and 1. Sam. 20. 8. God will haue the oath to binde, as long as seemeth good vnto him; yea and cease binding, when it pleaseth him. And that which himselfe bindeth, or will haue to be bound, no crea∣ture can loose; The things which God hath cou∣pled, let no man separate. Math. 19. 6. And here∣in the Pope shewes himselfe to be Anti∣christ, in that he challengeth power to dis∣pense with a lawfull oath, made without er∣ror or deceit, of things honest and possible.

Out of this answer, another Question may be resolued; namely, when doth a man com∣mit Periurie?

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Ans. 1. When a man sweares that which he knowes to be false. 2. When he sweares that, which he meanes not to doe. 3. When he swearing to doe a thing, which he also meanes to doe, yet afterwards doth it not. In these three, the not performing of an oath made, it flat periurie.

That we may yet be informed, concerning the sinne of Periurie, one Question of mo∣ment is to be skanned. In Societies & Cor∣porations, there be Lawes and Orders; to the keeping whereof, euery one admitted to an office, takes a corporall oath: Afterward it falls out vpon occasion, that he breakes some of the saide Statutes: The Question is, whether he be not in this case periured?

Ans. Statues are of two sorts. Some are principall or fundamentall, which serue to maintaine the state of that bodie or Corpo∣ration. Others lesse principall, or mixt, that serue for order or decencie. In the statutes principall, the lawmaker intends obedience simply; and therefore they are necessarie to be kept. But in the lesse principall, he exacts not obedience simply, but either obedience, or the penaltie; because the penaltie is as much beneficiall to the state of that body, as the other. The breach of the former makes a man guilty of periurie; but it is otherwise in the latter, so be it the delinquent party be content to beare the mulct if it be impo∣sed. Thus, students and others belonging to

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such societies, may in some sort excuse them∣selues, from the sinne of periurie, though not from all fault, in breaking some of the lesser locall statutes, els few could liue in any soci∣etie without periurie.

Yet one more Question is propounded touching periurie, whether a man may exact an oath of him, whome he feares or knowes will forsweare himselfe. Ans. A priuate man must not; but a Magistrate may, if the partie offer to take his oath, (not beeing vrged therto,) and be first admonished of the grei∣vousnesse of the said sinne of periurie. In the execution of Ciuil Iustice, Magistrates must not stay vpon mens sinnes: Moses expected not the Israelites repentance, for their Ido∣latrie; but presently proceeded vnto punish∣ment. Neither must the publicke good of the Common wealth bee hindred, vpon the likelyhood or suspition of a mans periu∣rie.

Notes

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