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Title:  Vindiciae legis, or, A vindication of the morall law and the covenants, from the errours of Papists, Arminians, Socinians, and more especially, Antinomians in XXX lectures, preached at Laurence-Jury, London / by Anthony Burgess ...
Author: Burgess, Anthony, d. 1664.
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Eusebius one Basilides, a Christian, being commanded to swear, replied, It was not lawfull for him, because he was a Christian: And Hierome saith, that to swear was permitted to the Jews, or infants, as to offer sacrifices unto God; yet I cannot see, but that they did swear also, although sometimes they speak as if they thought there were an absolute prohibition of it. Yet Athanasius made a solemn oath, to purge himself, when ac∣cused to the Emperour: and Tertullian saith, though the Chri∣stians refused to swear per genium Principis, because that they conceived it a devill, yet they did swear per salutem principis.Some again have thought, that it is lawfull to swear, but then only in religious things, or in things that do concerh the safety of the Publique, but that it is not lawfull to swear in any thing of our own, or about any money matter: and Basil doth object to the Christians of his time, the Example of one Clinius a Pythagorean, who being fined a great summe of mo∣ney, and might have escaped it by an oath, yet chose rather to undergoe that dammage then to swear.Some have thought it better, if in humane affairs, where promissory oaths use to be, there were only a naked promise, yet with as great a punishment upon the breaking of it, as if it were perjury, because men are for the most part more awed with fear of punishment then breaking an oath But, whatsoever the thoughts of men may be about limiting of swearing; yet it is lawfull in some cases to swear: neither is our Saviour so to be understood as universally forbidding.First, because then he would have destroyed the Law, which yet he denyeth that he doth; for Deut. 6. to swear by God, is a command not indeed of a thing absolutely in it self, but oc∣casionally, as opportunity shall be: Therefore the word that signifieth To sweare in the Heb. is in the passive sense▪ implying that we are not voluntarily to choose to do so, but when ne∣cessity requireth it.Secondly, again, Christ doth not absolutely prohibit it, be∣cause the use and end of an oath is perpetuall, which is to end controversies, Heb. 6. Therefore. Aquinas saith well, that, what first principles are in speculatives, to determine all conclusions, the same an oath is in practicalls, to end controversies.0