An exposition of the morall lavv, or Ten Commandements of almightie God set dovvne by vvay of exercitations, wherein is contained an explanation of diverse questions and positions for the right understanding thereof, together with an explication of these scriptures which depend upon, or belong unto every one of the commandements, all which are cleared out of the originall languages, the customes of the Iewes, and the distinctions of the schoolemen / by Iohn Weemse ...

De juramento incauto.

A Man taketh an oath of another ignorantly, and the swearer sweareth deceitfully unto him; yet if the Lord who is the principall contracter allow or com∣mand the thing which he sweareth, the oath is not null, although hee that is the second contracter be deceived, as we see in the example of the Gibeonites; Ioshua was de∣ceived by them when they made an oath to him deceit∣fully; yet the oath abode firme and sure, and obliged the posterity, because the Lord God himselfe was the principall contracter.

The Lord commanded when they came neare any citie to fight against it, first, that they should receive the seaven precepts of Noah; secondly, that they should become tributaries; and thirdly, that they should be∣come servants to the Iewes: but the Lord excepted still the Moabites, & Ammonites, that no peace should be of∣fered

to them; and notwithstanding that Ioshua had offe∣red peace to the seaven nations, yet they contemned the peace, because the Lord had hardened their hearts and was to destroy them.

And the Hebrewes say, when the messenger did of∣fer peace to them, they had three things in commission to them. First, fugiat qui vult; secondly, dedat se qui vult; and thirdly, pugnet qui vult: and they say, that the Gergafites of all the seaven nations accepted of the con∣ditions of peace, therefore they are not reckoned a∣mongst the rest. Deut. 20.27. Iosh. 9.1. the Gibeonites who were of the Hivites, at the first refused the condi∣tions of peace with the rest; but seeing the rest misera∣blie put to the sword, by deceit they entred in conditi∣ons of peace with Ioshua: here the oath which Ioshua made with them, did binde him; because it was accor∣ding to the intention of the lawgiver, & error persona non irritat contractum.

The conclusion of this is. Seeing God is both the judge and the witnesse in an oath, wee should not call him to witnesse in an untruth; neither sweare falsely, Lest the booke of Gods curse light upon the house of the swea∣rer. Zach. 5.

Notes

• Whether a man is bound to keepe the oath which he hath sworne, being deceived through ignorance.
• Maimon. Tom. a. tract. de Regib. cap. 7 sect. 10.
• The conditions of peace that was offered to the nations.
• Three things given them in choise.
• Conclusion.