XCVI. sermons by the Right Honorable and Reverend Father in God, Lancelot Andrevves, late Lord Bishop of Winchester. Published by His Majesties speciall command

One of the Sermons upon the III. COMMANDEMENT PREACHED IN THE PARISH Church of S^t. GILES Cripplegate, Iun. XI. AN. DOM. MDXCII.

IEREM. CHAP. IV. VER. II.

Et jurabis, vivit DOMINVS, in veritate, & in judicio & in justitia.

And thou shalt sweare, the LORD liveth, in truth, in judge∣ment, and in righteousnesse.

OF this Commandement, there are two maine Pro∣positions: 1 Thou shalt take the Name of GOD: Els, it should have beene, thou shalt not take it at all. 2. Thou shalt take it orderly, and not in vaine. Of the first: thou shalt take it to those ends and uses, to which GOD lendeth it. Of which one is, Thou shalt sweare by it: which is limited by two waies.

First, by what: The Lord liveth.

Secondly, how: In truth, iudgement, iustice: As in the former Commaundements, so in this, there be two Extremes. 1. The one, of the Anabaptists, which hold all swearing unlawful, contrarie to the first, Thou shalt sweare. 2. The other of the licentious Christian, which holds (at least in practise) A man may sweare how, and in what sort he lift: By Creatures &c Contrarie to The Lord liveth &c Falsly, rashly, lewdly, Contrarie to In truth, iudgement, iustice.

* 1.1That it is lawfull to sweare, it appeareth by the Law, Deut. 6.13. By the Prophets: Ieremie heere. Esai, (Chap. 45. Ver. 23.) more earnest∣ly: I have sworne by My Selfe, the word is gone out of My mouth and shall not returne, That every knee shall bow to Me, & every tongue shall sweare by Me. David, Psal. 63. ult. Laudabuntur omnes, qui iurant per Eum. By the practise of the Saints, not only under Moses; but, under the Law of Nature. Abraham sweareth. Gen. 21.24. Isaac sweareth, Gen, 26.31. Iacob sweareth, Gen. 31.33. Now, our Saviour Christ came not to destroy the Law and the Prophets in those things wherin they agree with the Law of Na∣ture: Therefore, not to take away an oath.

Whereas, they object first: That it standeth not with Christian profession, but was tolerated, as an unperfect thing, under the Law. We answere: It cannot be reckoned an imperfection, to sweare. For that, not onely Abraham, the patterne of humane perfection, both sware himselfe, Gen. 21.24. and put his servant to an oath, Gen. 24.3. But, even the Angels, neerer then we to perfection, sware both under the Law (Dan. 12.7.) and under the Gospell (Apoc. 10.6.) And, not onely they, but even God himselfe (in whom are all perfections) Gen. 22.16. and Psal. 110.4. So that, it cannot be imagined an imperfection.

Besides, the holy Apostles, the most perfect Christians, have in urgent causes done the like. 2. Corinth. 1.23. I call God for a record against mine owne soule, and 1. Cor. 15.31. By our reioicing which I have in Christ Iesus our Lord: which place cannot be avoided, having in the Greeke, the word (Nη) never used, but in an oath onely.

Whereas secondly, they object our Saviour's saying, I say unto you sweare not at all: The Auncient Writers answere, that our Saviour Christ in the very same place, not reproving the other part, Reddes autem Domino iuramenta tua, meant not to take all oathes away: But must be understood according to the Pharisee's erroneous glosse of this Comman∣dement, which he entended to overthrow, by opposing to dictum est an∣tiquis, Ego autem dico: Which was of two sorts. 1. For first, it see∣meth, they understood it of periurie alone: So that, if a man forsware not himselfe, he might sweare any oath. And so Christ reproveth not onely false, but all rash and unadvised swearing.

2. Secondly, it seemeth, they had this conceipt: So a man sware not by the great Name of God, all was well; He might sweare by any crea••ure at his pleasure: and so Christ willeth, not to sweare at all, by any creature.

Though indeed, we hold in Divinitie, that Iurare, of and by it selfe considered, is an act forbidden, no lesse then Occîdere. And that, as it is an absolute countermand, Non occîdes, and yet the Magistrate, by due course of Iustice, executing a malefactor is commended: So is it like∣wise

Non iurabís; and yet being (as we terme it) vestitum debitis cir∣cumstantijs, Laudabuntur omnes qui iurant per Eum, as King David saith, Psal. 63 ult.

Lastly, there is also a barr in the word Iurare. For, God in his Law, ever putting it passively (that is) rather, thou shalt be sworne, or called to an oath, then, thou shalt sweare, actively: our Saviour Christ heere utterly condemneth the active, voluntarie swearing of men, of their own heads: which was indeed never permitted: howsoever the Pharisees glossed the matter; If the ma••ter were true, and so it were by Iehova.

So that, an oath is lawfull: but with this condition limited; that the Partie doe therein habere se passivè, come to it not of his owne accord, but pressed (as Saint Augustine well saith) vel autoritate deferentís, vel du∣ritie non credentís, as to the lifting of a burden, as to the entring of a bond. Num. 30.3.

Thou shalt sweare, The Lord liveth; * 1.2 or (as Moses saith Deut. 6.13.) by God's Name. Which clause first doth limit, by what we are to sweare: and doth exclude ¹ Swearing by those which are no Godds, Ier. 5.7. Ei∣ther Idolls, forbidden in the Law, Exod. 23.13. Ios. 23.7. Either to sweare by them alone, Amos 8. ult. Or to joine God and them togither, Zeph- 1.5. Or creatures, which our Saviour Christ forbiddeth, Mat. 5.34.

And sure, as to sweare by them is derogatorie to our selves, seeing thereby we make them our betters; for that every one that sweareth, sweareth by a greater then himselfe, Heb. 6.16. So it is highly injurious to the Maiestie of God; seeing to sweare by a creature, is to ascribe unto it power, to see and know all things, and to doe vengance on periurie: Which in Divinitie, to thinke or say, is manifest blasphemie.

Howbeit yet, the Fathers (well weighing that speech of Saint Paul, 1. Corinth. 15.••1. where he speaketh on this wise, By our reioicing which we have in Christ Iesus our Lord &c, wherin his oath, is not immediatly by the Name of God, but by a secondarie thing, issuing from it:) have thought it not absolutely necessarie, that in every oath, the Name of God should be expresly mentioned; but sufficient, if reductivè. It is ruled in Di∣vinitie, that such things as presently are reduced to God, will beare an oath. In which respect, to sweare by the Holy Gospell (considering our reioicing will beare an oath; and that, in the Gospell, our matter of reioi∣cing is principally conteined) hath in the Primitive Church been holden lawfull. As in the Councill of Constantinople 6: Act. 13. Especially, see∣ing there is no direct contestation used, but rather by way of oppigno∣ration, Engaging unto God our Salvation, Faith, Reioicing, part in His Gospell and promises, the Contents &c, if we utter an untruth.

* 1.3Secondly, the forme and manner of swearing. Which is of three sorts. 1. Either by contestation as heer, The Lord liveth Before God, Gal. 1.2. Or God knoweth it is so, 2. Cor. 11.11. God is my witnesse, 1. Thes. 2.5.. 2. Or by a more earnest asseveration: As sure as God liveth, Iud. 8.19. 3. Or by detestation and execration, as in other places: and that againe is of two sorts. 1. By imprecation of evill: God be my Iudge, Gen. 31.53. God behold it and rebuke it, 1. Chro. 12.17. God doe so, and so unto me, 1. Sam. 14.44. I call God a record against my soule, 2. Cor. 4.23. 2. Or by oppig∣noration or engaging of some good which we would not lose: as Our re∣ioicing in Christ, 1. Cor. 15.3. Our Salvation, God's help &c.

Both are oft, and may be joined togither, if it be thought meete. God ís my witnesse, that thus it is, and GOD be my Iudge, if thus it be not. Wherein, as in prayer; when all meanes faile, we acknowledge, that GOD can help, as well without, as with second causes: So we confesse, that He can discover our truth and falshood, and can punish the same by waies and meanes to Him knowen, though no creature in the world beside, know the thing or can take hold of us.

Thou shalt sweare: In Truth, Iudgement, Iustice. The three Enclo∣sures and companions of a Christian oath, are

• In Truth against Falshood the matter.
• In Iudgement against Lightnesse the matter and manner both:
• In Iustice against Vnlawfulnesse the end.

* 1.4In truth: Ye shall not sweare by my name falsly, Levit. 19.12. Which vice forbidden we call periurie. Each action, we say, is to light super debitam materiam. The due and owne matter of swearing, is a Truth. If it fall or light super indebitam materiam (as, falshood) it proveth a sinne.

At all times are we bound to speake truth to our neighbour Eph. 4.5. But because men are naturally given to have their mouth fraught with vanitie, Psal. 144.8. in solemne matters, to be sure, to bring the truth from us, GOD is set before us. If then, when we confesse the truth, we give glorie to GOD Ios. 7.21. So if, when GOD being set before us, we testifie an untruth, it is exceeding contumelious to him: it is to make him one, that knoweth not all things; or that can be deceived; or that, if he know, cannot doe any harme; or (which is worst) which will willingly be used to bolster out our lyes. Peierare, est dicere deo, Descen∣de de Coelo, & assere mecum mendacium hoc.

* 1.5In an oath of Promise, we are to sweare in Truth. He that sweareth an oath, and by it bindeth his soule with a bond, shall not violate his word, but doe according to all that proceedeth out of his mouth, Num. 30.3. Reades au∣tem Domino Iuramenta, Matt: ••.33. Yea, by the very light of nature Pharao willeth Ioseph, goe and bury thy Father, seeing he made thee sweare to

do so. Against which oath, men are two waies faulty. 1. If at the swearing, they purpose not (as David saith, Ps. 119.106. I have sworne and am utterly purposed:) Such is the nature of an oath. 2. If they then purpose, but af∣ter, a dammage being likely to ensue, they disappoint their former oath, Psa. 15.15. Touching which, we see, that when Iosua and the Israëlites had sworne to the men of Gibeon, though that oath cost them foure great and faire Cities, which should otherwise have come to their possession; they would not breake though. As contrariewise, Zedekias having given his oath of Allegiance to the King of Babylon (2. Chro. 36.9.) when he regarded it not, but rose against him notwithstanding, GOD sendeth him word, he shall never prosper for so doing, Ezek. 17.12. And to say truth, there is nothing more forcible to move us heerin, then to consider GOD's owne practise: Who having sworne for our benefitt, Psal. 110.4. though by many our unkindnesses and hard usages provoked, yet (as Himselfe saith) will not breake His Covenant, nor alter the thing that is gone out of His lipps, Psal. 89.35. Which is it, that keepeth us all from perishing; even the immutable truth of GOD's Oath, that we the rather may take it to imitation.

In an oath of Proofe: the charge ought to be,* 1.6 that we speake no∣thing but that which is true in the Name of the Lord, 1. Reg. 22.16. That we say the truth and lye not, our consciences bearing us witnesse in the Holy Ghost: which if we doe not, being charged by a Iudge, we beare our own iniquitie, Leviticus 5.1.

Against which oath, men are two waies faulty. ¹ If either they swear to that, which they know to be false; as if a man finde, and denie it, swearing falsly, Levit. 6.3. ² Or if they presume to sweare directly, in a matter, wherein themselves are doubtfull, or have no sure ground of. As If a man sweare, and the thing be hid from him, Leviticus, 5.4.

The breach of these two sorts of oathes, in regard of the truth, is cal∣led periurie; and both in old time and now, we greatly complaine of it in two places. 1. The one, they call Iuramenta Officinarum: When men in their shopps, so they may utter to their gaine, care not how untruly they abuse the Name of GOD. Men, which (as the Wise man saith) reckon our life as a market, wherein they must be getting on every side, though it be by evill meanes, Sap. 15.12. Or, as the Apostle saith, 1. Tim. 6.15. That doe in practise seeme to hold, that gaine is godlinesse; for all the world, as the prophane man in the Comedie, Iuramentum, rei servandae non perdendae conditum; that Oathes were made to thrive by. Full little knew those men, that whatsoever is gotten by false swearing, must by GOD's Law, both be restored in the whole Summe, and add an overplus beside: Els no atonement can be made for them, Leviticus 6.5. And if that atonement be not made, that GOD by His Prophet hath denoun∣ced, that their game shall not prosper. For he will send the flying booke into their house, a Curse appropriate to those that both sweare and steal,

(that is, steale by swearing) which shall consume both the goods, and the very stone, timber and all, of the house it selfe, Zac. 5.4.

2. The other they call Iuramenta Tribunalium, much more fearefull and heynous then the former: when a man (or rather as Saint Augustine cal∣leth him, detestanda bellua, no man, but a detestable beast) shall so farr pre∣sume, as in the Iudgement it selfe, which is GOD's (2. Chro. 19.8.) before the Magistrates, which are GODDS (Psal. 82.6.) to prophane the oath of GOD, Eccles. 8.2. Even, as it were, to come into GOD'S owne place, and there to offer him villanie to his face. A crime so grievous, as no Nation, were it never so barbarous, but have thought it severely to be punished: Some with losse of tongue; Some, of fingers; Some, of eares; and some, of life it selfe. And howsoever they escape man, the Prophet saith, the very Booke of the Law, which they have touched in testifying an untruth, shall have wings given it, and shall pursue them, and cut them of on this side, and on that side, till they and their name be rooted from the earth. It is a fearfull thing to fall into GOD'S hands on this wise: and of no one sinne, more dreadfull examples. For it is indeed, facere Deum menda∣cij consortem. We hold it worse in Divinitie, to lay upon GOD, that evill which we call malum culpae, then the other which we terme malum poe∣nae, which hath beene inflicted on many an innocent good man. Conse∣quently, a lesse evill, to crucifie Christ by any bodily paine, then to draw him into the societie of Sinne, which every perjured person doth, as much as in him lieth. Yea, we say that the Name of GOD being fearefull to the devills themselves, and bringing them to tremble, that that Partie that treadeth that most glorious and fearefull Name, under his feet, is in worse estate, not onely then the wickedest of all men, the Murderers of Christ, but even then the devill himselfe. And all this, that we con∣ceive aright of In veritate.

* 1.7In Iudicio. For, thus far the Pharisees themselves come; to thinke periurie condemned. But, our righteousnesse is to exceed theirs, Mat. 5:20. and therefore we must seek yet farther.

This Clause (we say) standeth against a double vanitie, ¹ as well in matter, if for a vaine, light, trifling matter we swear; ² as in manner also, if with a vaine, light, unadvised mind or affection. For, both the matter is to be weightie, grave, and judiciall; and we are with due advise and judgement to come to the action.

Against which Iudiciall swearing, we complaine of two evill kinds: 1. The one Iuramenta Platearum, such as going through the streets, a man shall every day heare (yea even out of the mouthes of children;) light, undiscreet, frivolous oathes. 2. The other Iuramenta Popinarum, much worse yet then they. When men in Tabling-houses, at their game blaspheme the Name of GOD most grievously. Not content to sweare

by him whole, dismember him and pluck him in peeces, that they may have oaths enough. And that person of the Holy Trinitie, to whom and to his name, for taking our flesh upon him, and performing our redemp∣tion, even by GOD's own charge, a speciall regard is due: and that ac∣tion of his, which among the rest is most venerable of all others, which is his Death, Passion, and shedding his Blood.

For the Matter: The very words of the Commaundement teach us,* 1.8 it is to be weightie; which speake of GOD'S Name, as a thing, to be lifted up with strength, as if it were heavy: and we use not to remove things heavy but upon good occasion.

The nature of an Oath, is as of a bond; which none that is wise will easily enter: it is to be drawen from, or pressed out of a man upon neces∣sarie cause. Yea, it is no further good, then it is necessarie. For so is our rule, Necessarium, extra terminos necessitatis, non est bonum: As, pur∣ging, blood-letting; which are no longer good then needfull. The Name of GOD is as a strong Castell, which men flye not to, but when they have need. These shew, that for every frivolous matter, and of no impor∣tance, we are not vainly to take up GOD'S Name. GOD'S Name is said to be holy, Psal. 111.9. and holy things may not be putt to common and vulgar uses, Numbers 18. ult. And in plaine words, Leviticus 22.32. Ye shall not pollute my Name. Polluting, by GOD'S owne word, being no∣thing els, but to make common, Acts ••0.15. Therefore they to be con∣demned, that no man urging them, upon no sufficient ground, make it common.

For the Manner, with great regard, Eccle. 8.1.* 1.9 We must sweare to the Lord, with all our heart. They are highly praised that did so, 1. Chro. 15.15 that is, when they are to take an Oath, they are to call togither the pow∣ers of their soule, and with sad and serious deliberation to undertake it; that is, to doe it in Iudicio. Therefore in the Law, GOD maketh it the entrie. Thou shalt feare the Lord thy GOD and shalt sweare by His Name: that is, with due feare and reverence thou shalt sweare. For, as GOD'S Name is holy; not for every common matter: so is it also reverend; not with an unregarding affection to be taken in our mouthes.

To this end is it, that the Church of GOD excludeth such persons from oaths, as are presumed, that in iudgement they cannot, or will take them: as persons already convict of periurie, that they will not; Those that are under yeares, that they can not. To this end also, there have ever been used Ceremonies, that by that meanes, there might be a re∣verend regard stricken into the minde of the swearer. Therefore the ve∣ry Angels, when they sweare, doe it not without ceremonie, but with lifting up their hands to heaven, Dan. 12.7. Apoc. 10.5. The Patriarchs, under the Law of Nature, not without ceremonie, but laying their hand on the thigh, therein have reference to the incarnation of the Blessed Seed, Gen. 24.3. and 47.29. The People of GOD under the Law, came into

the Temple, and before the Altar (1. Reg. 8.31.) and in the presence of the Priest (Deut. 12.8.) uncovered (Numbers 5.18.) so tooke their Oath: all these serving to stir up their reverence, that what they did, they might doe in iudgement.

Therfore, they are to be condemned, that passionately sweare. Eccl. 5.1. (which Passion alwaies bereaveth men, of iudgement:) either in anger, as David, which he repented of, 1. Samuel 25.33. Or in desire, as Saul, which proved prejudiciall to him and his people, 1. Samuel 14.28. And they, that as not of any passion, so without all manner of respect, to avow any idle fond phansie of their owne, even as it were water, powre out the Name of GOD.

And they yet more, that not onely unadvisedly sometimes, but con∣tinually (as it were by a custome) make it an interiection of filling, for all their speeches; and cannot utter one sentence without it: yea, which ther∣by come to a diabetica passio of swearing, that Oathes runne from them, and they feele them not.

But, above all, they that are come to that pitch, that even in contempt they swear, and will swear, and the rather because they be told of it. These persons the Church of GOD hath so detested, that they are excommu∣nicate without sentence of any Iudge or Canon, and Christian people forbidden to have any fellowship with them:

* 1.10In Iustitiâ. As the Matter of the Oath is to be true and weighty; and the Manner, with due advise and iudgement: so is it to be taken also, to a good and iust end. And of this there is to be had chiefe regard, for that diverse times, both false and rash Oathes are not hurtfull save to the swearer onely: but these tend alway to some mischiefe, beside the sinne of the swearing.

An Oath is of the nature of a Bond, & bindeth a man to do that, he swea∣reth: Now, it is sinne enough, to doe evill of it self; but to bind him∣selfe to doe evill, and to make the Name of GOD the Bond, that is sinne out of measure sinfull. GOD hath ordeined, that onely for truth and right, his Name should be used: to abuse it, to uphold falshood, and to enforce men to evill dealing, is to change a Sanctuarie, and make it a brothel-house. These we call Latronum iuramenta; such Oathes, as theeves and such kinde of persons take one of another: For, they doe not onely ioyne hand in hand (as Salomon telleth us, Proverbs 2••.5.) but doe even also by oath bind themselves to doe mischiefe. Nehemiah 6, 28, To∣biah the speciall hinderer of the Temple, had many in Iuda his sworne 〈◊〉〈◊〉

* 1.11That a•• Oath may be in iustice, It is required that it be of a thing possible. No man ev••r required an Oath, to an impossibilitie apparent: So Abraham's s••rvant saith ••enesis 24. What if I cannot possibly get any maiden to com•• with me? Abraham's answer is, then he shall be free from the oath:

So that, if at the present it seeme possible (otherwise not to be sworne to) and after, there doe emergere impossibile, the partie is innocent. The same is observed, touching our knowledge: for, so the Law saith, A man shall testifie that onely, which he hath seene, heard or knowen, and more shall not be required of him. So, the law of Nature,* 1.12 onely de quibus sciam pote∣ro{que}.

Now, because (as Ioseph well telleth us,* 1.13 Genesis 39.9.) that we only can doe that, which lawfully we can, and Christian possibilitie implieth lawfulnesse; that is the second point of In iustitia, and the second Caveat, Ne illicitum. Which is either primâ facie, as Saul's oath, 1. Samuel 28.10. and Acts 23.14. Or it is likewise emergens, as in Herod's oath, at the first no harm being understood; but after the demaund made, it was sinne to keepe it. So saith Ezra in the Law, Secundùm Legem fiat, Ezra 10.5. And Saint Paul in the Gospell, Acts 23.3. They sit to judge secundùm id quod in Le∣ge est.

Put these togither, that we be required to sweare nothing but the truth, In v••ritate: that we doe it upon due advise and consideration, In iudicio: that we doe it but of those things we know & can tel, and of those wherto Law bindeth us: There is no more required in a Christian oath. This to be remembred, because diverse which will be accounted Christians, re∣fuse in our daies, the Oath which hath all her attendants. If the Magis∣trate,* 1.14 either Civill (Exodus 22.8. Nehemiah 5.12.) or Ecclesiasticall (Num∣bers 5.19.) ¹ Either by a curse, where the partie is not knowen, as Proverbs 29.24. Iudges 17.2. Leviticus 5.1. ^• Or by tendering an oath; and that againe double: Either by way of adiuration, I. Sam. 3.27. I. Reg. 22.16. ² Or by way of swoaring them, as Exodus 22.11. Numbers 5.13. I. Reg. 8.31. I. R••g. 18.10. Where the party is accused by complaint, detection (Genesis 3.) presumption (Genesis 4.) common fame (1. Corinthians 5.4.) He is bound to purge himselfe, and satisfie the people, in Adulterie, Theft, or any crime.

But what if it tend to his dammage, or to the prejudice of his liberty? Our rule is: Qui potest ad paenam, potest ad quae paena consequitur. There∣fore in a matter of life or limme, we admitt not the Oath: because, no man can lawfully sweare, to cast away or maime himself. But a man may directly sweare to his losse, in his goods, as Genesis 25.33. and ••o become a prisoner, as (1. Reg. 1.43.) Shemei did. Therfore, sweare, and be sworne in those causes and questions, whereto Law doth bind to give an∣swere, though Fine and Commitment doe ensue upon them.

This question remaineth, If a man have sworne without those, what he is to doe? when an oath binds, when it doth not?

We hold: No man is so streightened between two sinns, but without com∣mitting a third, he may get forth. Herod thought he could not; and ther∣fore, being in a streight, betwixt murder and periurie, thought he could have no issue, but by putting Saint Iohn Baptist to death. It was not so: for, having sworne, and his oath proving unlawfull, if he had repented him of his unadvisednesse in swearing, and gon no further, he had had his is∣sue, without any new offense.

1. If then We have sworne to be simply evill, the rule is, Ne sit Sacramen∣tum pietatis, vinculum iniquitatis.

2. If it hinder a greater or higher good, the rule is; Ne sit Sacramentum pietatis, impedimentum pietatis.

3. If it be in things indifferent, as we terme them, absque grano salis; it is a rash oath; to be repented, not to be executed.

4. If the oath be simply made; yet (as we say) it doth subiacere Civili intellectui: so as GOD'S oath doth, Ieremia 18.8. and therefore those conditions may exclude the event, and the Oath remaine good.

5. If in regard of the Manner, it be extorted from us, the rule is, In∣iusta vincula rumpit Iustitia.

6. If rashly, Penitenda promissio, non perficienda praesumptio.

7. If to any man, for his benefit, or for favour to him, if that partie re∣lease it, it bindeth not.

Notes

• * 1.1

  I. Thou shalt sweare.
• * 1.2

  I. Limitation. The Lord livet••
• * 1.3

  II. Th•• Manner, or second limi∣tation.
• * 1.4

  1. In truth.
• * 1.5

  ¹Of Promise.
• * 1.6

  ² Of Proofe Rom. 9.1.
• * 1.7

  2. In Iudgement.
• * 1.8

  ¹ For the Mat∣ter.
• * 1.9

  ² For the Ma••∣ner.
• * 1.10

  3. In Iustice.
• * 1.11

  ¹ Not of things impossible.
• * 1.12

  Levit. 5.1.
• * 1.13

  Nor unlaw••ul∣n••sse.
• * 1.14

  Mat 26.63.