I Have often had it in my thoughts to speak something concerning Oathes, a subject which (duely considered) would admi­nister matter of humiliation and reforma­tion to us and many more: and having this opportunity put into my hands, I shall deliver my self, taking the words of our Saviour which have been read unto you for my ground-work, which, whosoever would understand, must diligently consider the scope of the place, and the persons he had to deal with, viz. the Jews, leavened with Pharisaicall glosses, and corrupt traditions.

Our Saviour was now in the exercise of his propheticall Of­fice, and preaching the Gospell of the Kingdom, and finding the Sect and opinion of the Pharisees to be most opposite and pre­judiciall to his intention, he sets himself in this Sermon to pull down the righteousnesse of the Scribes and Pharisees, that so he might bring in the righteousnesse which is of God by faith; and therefore tells them plainly, that except their righteousnesse did exceed the righteousnesse of the Scribes and Pharisees, they should [Page 2] in no case enter into the Kingdom of God, Verse 20. Now because the righteousnesse of the Scribes and Pharisees was in better credit among the people then to be blasted with a bare asserti­on, Christ shewes the vanitie and defectivenesse of it, in that it fell exceeding short of its pretence, which was, to fulfill the Law of Moses, which instead of fulfilling they destroyed. For as it is the common practice of erroneous persons when they cannot bring their opinions to the Scripture, they will wrest the Scripture to their opinions, as the Father speaks of some who did pertrahere Evangelium ad sententiae suae praecipitium; so the Pha­risees seeing they could not raise their righteousnesse to the line of the Law, they brought down the Law to the levell of their own righteousnesse; in particular, they restrained the Commamdements which in themselves are spirituall and excee­ding broad (reaching the thoughts and intents of the heart, all kinds and degrees of evill) to some outward actions, which in the strength of morall principles they might forbear, whose right Heirs are the Papists, who, resolved to establish a righte­ousnesse of works, and possibility of fulfilling the Law, will by no means grant that concupiscence is sin, least thereby their le­gall righteousnesse should be tainted.

But to return to the Pharisees with whom Christ had to deal▪ they restrained the seventh Commandement to the act of Adul­tery, Christ extends it to the wandrings of the eye and heart: they limited the sixt Commandment to actuall murther, where­as Christ extends it to inordinate passion and ill language: so dealt they in this particular whereof we treat. They confined the third Commandement to prejurie, whereas Christ extends it to the prohibition of rash vain swearing by the Creatures. And so I come to the words, onely I must first endeavour the determination of one Question, whether Christ in this dis­course intend an abrogation of the Law, an addition to it, or one­ly an interpretation of it? Certainly not an abrogation of the morall Law, which he professes he came not to destroy, but to ful­fill, Verse 17. Some would have it to be an addition, which opinion indeed hath the countenance of some of the Fathers; but the Socinians are most earnest in this conception, upon this ground, they will not admit of the satisfaction of Christ, o [...] [Page 3] justification by his death; and for the wrong they do to his Priestly Office, they pretend to make amends in his Propheti­call, and say that he came to improve and raise the Precepts of the old Testament, and give a more exact Law then was given by Moses, in the observation whereof our Gospell righteous­ness should consist. But we beleeve that our Lord Jesus only in­tended a restauration of the Law from the corrupt glosses and traditions of the Elders, with whom he deals in this discourse, not with Moses, who was faithfull in the House of God: for he professes that he came not to destroy the Law, which upon the matter he had done, if he had shewed it to be a short or crooked rule, but to fulfill it, or (as the word will bear) to fill it up, [...]. by true and full interpretations. Christ fulfilled the Law both practically in obeying it, and doctrinally in making up those gaps which the Pharisaicall glosses and traditions had made in it.

You have heard that it hath been said by them of old time, [...], or as some would have it, to them of old time: It may be here enquired what times and persons Christ hath reference to in this passage; some may think that he hath respect unto Moses and the people of Israel to whom he spake things to this purpose: Lev. 19: 12, Ye shall not swear by my Name falsely, &c. But I be­leeve that an antiquity of a much later date is meant by this ex­pression, even of those Elders mentioned, Mat. 15. 2. whose traditions the Pharsees complained were broken by Christs Dis­ciples; for the word [...], signifies sometimes that which is not long past, as Act. 15. 7. And here take notice that after the Law and the Prophets there rose up a generation of men who were not content with the written word, but added the supple­ment of traditions, which though in the esteem of the Pharisees, Act. 22. 3. were ancient, yet very far short of true antiquity which was Mo­ses and the Prophets; the counterpart of this dealing we find in the Church of Rome; who besides the verbum [...], will have a verbum [...], a traditionall word which they make equall to the Scripture in authority and esteem; thus the Councill of Trent, Traditiones ipsas tum ad fidem tum ad mores pertinentes pari pietatis affectu ac Scripturas suscipit & veneratur Ecclesia Romana. And they will pretend much of antiquity for their practises, but it is a modern antiquity, (if I may so speak) the true antiquity [Page 4] of Christ and his Apostles they have no minde to deal with, not yet that of the first three hundred years after Christ, unlesse it be some peeces which they may justly call theirs, because they have either forged or corrupted them: although we must ac­knowledge, that some of their corruptions began early in the Church, of which we have an intimation, 2 Thessalonians 2. 7. 1 Iohn 2. 18.

What is it that was said by them of old time? Thou shalt not forswear thy self, &c. was it not well said? yes doubtlesse it was the truth, but not all the truth; take the words in themselves and it was well said, but take them with respect to the third Commandement, which thereby they intended to interpret, it was a misse; for they contain not the sum and substance of that Commandement, which reaches not onely to forswearing, but to vain swearing, swearing by the Creatures, and other abuses of the name of God, then frequent among the Jews, who (pro­vided they did not swear by the name of God) thought them­selves excusable if they swore frequently in ordinary communi­cation, and that by the Creatures; and that some of their Oathes by the Creatures were not obliging, as we finde Matth. 23. 16. where the Gold and the Gift were by their covetousnesse ad­vanced to be more sacred then the Temple or Altar.

But I say unto you, Swear not at all. These words seem to be a direct prohibition of all Oathes, and hence the Anabaptists have concluded the unlawfulnesse of swearing in any case, and it hath deceived some of the Ancients: Hierome himself saith upon this place, that Evangelica veritas non recipit juramentum: But I hope we shall without much difficultie evince, that it is not the intention of the Holy Ghost to forbid swearing in all cases by this expression, but that particula omnino non ad substantiam sed ad formam referenda, as Rivet well ob­serves: For we must know this in generall, that uni­versall terms in Scripture are sometimes to be taken with restriction, 1 Cor. 9: 22. as in that passage of Paul, I became all things to all men, that is, all lawfull things; and so I conceive must that place Rom. [...]. 18. be interpreted, By the righteousnesse of one (that is, Christ) the free gift came upon all men to justification of life; that is, upon all that have relation to the second Adam, as man­kinde [Page 5] had to the first, viz. to be of his Seed. So that this expres­sion [swear not at all] may be limited, notwithstanding its seem­ing universalitie, and must be expounded by the temper of those times in which it was spoken, and those persons to whom it was spoken; for where the Scripture speaks ad hominem, as it doth much in this place, their disposition and opinion must be considered, which was to swear ordinarily in their communica­on, when bare affirmations or negations would have sufficed: and because they had not onely a religious but a superstitious apprehension of the name of God, and would not use it when they might, they swore by the Creatures, and thought they were not much bound by such Oathes; so that all our Saviour intends, is this, Swear not as you are wont to do, or, as you think you may do; swear not at all by the Creatures: for the generall word [ not at all] must be interpreted by the particu­lars enumerated, which if they had been omitted, or, if the name of God had been put among them, it must have been construed as a generall prohibition, which now it cannot be. And whereas this not mentioning of the name of God may seem to be supplied in that of Iam. 5. 12. where to the enumera­tion of some particulars this generall clause is added, [ Neither by any other oath] it must be restrained to oaths of that kinde; for it were strange that the name of God should be intended and not mentioned in either of these Scriptures, which ought especially to be vindicated from profanation. If this Question need any further clearing, I shall mention another place, where under the single expression of swearing, not all swearing, but fals, vain, and rash swearing is discountenanced, viz. Eccles. 9. 2. He that sweareth, and he that feareth an Oath are opposed; where he that sweareth, signifies, a prophane swearer, and he that feareth an Oath; one that reverenceth, not one that refuseth it in all cases, So that you see it is agreeable to the scope and circum­stances of this place, as also to other Scriptures, that this uni­versall clause [ Swear not at all] be interpreted with restriction to the vain, unnecessary customary abuse of swearing among the Jews.

The words thus explaned, offer to our observation these two Propositions;

[Page 6] Propos. I. It is not utterly unlawfull to swear.

II. It is utterly abominable to forswear.

The later of these Propositions was never under question, the righteousnesse of the Scribes and Pharisees which reached not heaven, yet reacht thus far, Thou shalt not forswear thy self. The former hath endured some dispute, and therefore I shall endeavour to confirm it by some arguments.

1. The first taken from the consideration of the third Com­mandement, to which swearing is generally reduced, and in­deed seems to be the main intent of it; it is there said, Thou shalt not take the name of the Lord thy God in vain: thou shalt not use it nee frustra, nee falso, for the word [ vain] in Scripture signi­fies both. But it is not said, Thou shalt not use it, or lift it up, (as the word signifies) in any case; but the forbidding of the abuse doth implie, or rather enjoyn a lawfull use of the name of God in swearing, which is the affirmative part of the Precept. And if the Morall Law (of which this is a speciall part) be of generall and perpetuall obligation to all men in all ages, (a [...] without doubt it is) we yet remain not onely under the liberty but in just cases under the duty of swearing.

2. It is a part of Divine worship, not a Ceremoniall or mu­table part, there is no shadow of a shadow or Type in it, as one well observes, and therefore not out of date in the new Testa­ment. It is so considerable a part of worship, that all worship is sometimes expressed by it, Psal. 63. 12. as at other times by calling upon the name of God. Ierem. 10. 25. And the Apostle to the Hebrews, though his work be to shew the diasnulling of all carnall and tempo­rary ordinances among the Jews, is so farr from putting swea­ing among them, that he seems to establish it as a standing Or­dinance in that place, Heb. 6. 16. where it is said, That an Oa [...] for confirmacion is (not was) the end of all strife. And indeed it i [...] an action which (duely and reverently managed) doth give a great deal of honour to God, which is the proper end of wor­ship; it gives him the honour of his Soveraigntie, Omniscience Justice and Truth; it gives him the last appeal in all differen­rences, which is a great Trust, and consequently a great ho­nour; and, Inquisitio post juramentum Deo irrogat injuriam, It re­flects upon God himself, when men will not rest in an Oath which was appointed for the end of strife.

[Page 7] 3. The ground and occasion of Oathes yet remains, and the Law must remain till the foundation of it be removed. An Oath was appointed in remedium defectus, and these defects which swearing was appointed as a remedy for, yet continue such as the deceit, falshood, incredulity of men, the ground of assertory Oathes; the instability and changeablenesse of men, the ground of promissary Oathes. There are controversies yet to be decided, and will be, and so an usefulnesse of Oathes for the ending of them. Humane Societies cannot subsist without evidences of truth, and mutuall belief among men, which sometimes must be established by an Oath; and therefore Iulian the Apostate taking it for grant, that the Christian Religion did forbid all Oathes, insulted upon it as false and ridiculous, because it did Tollere praecipuum humanae societatis vinculum.

Having spoken to the vindication of Oathes, it is not unne­cessary to adde something concerning the regulation of them, & because I must not exceed the limits of a Sermon, I shall onely open that known place Ier. 4. 2. Thou shalt swear the Lord liveth, in truth, in righteousnesse, and in judgement: where we have the form and qualifications of a lawfull Oath; the form, The Lord liveth. In every Oath there ought to be an interposing of the Name of God; Deut. 6. 13. Thou shalt swear by his Name. To swear is to confesse a Deitie, as appears by comparing those two places, Isa. 45. 23. To me shall every knee bow, and every tongue swear; with Phil. 2. 11. That every tongue should confesse that Iesus Christ is Lord. And because we finde this expression frequent in Scripture, The Lord liveth, it deserves a little opening; to which purpose we may take notice of that passage in Hebrews, 6. 16. Men verily swear by the greater. And when the Lord sweareth, Deut. 32. 40. he doth it by that in himself which is the greatest, Psal. 89. 35. his Life, and his Holinesse, which are more then single Attributes: His Life is his funda­mentall excellency, and his holinesse is more then an Attribute, for it is that complexion which runs thorow all his Attributes, and makes them beautifull. And this is the usuall forme in Scripture which Men and Angels have made use of. Revel. 10. 6. because of the peculiar accommodation of the life of God un­to an Oath, for it imports that he sees and knows our appeal, that he abides ready to confirm the truth, or avenge the false-hood [Page 8] of him that swears. And I see not how swearing by any Creature can be exempted from Idoltary, if swearing be (as it hath been proved) a part of Worship. God complains that the Children of Israel swore by them that were no gods, Ierem. 5. 7. and to swear by Creatures, turns them into Idols, if they were not so before: to worship an Image and swear by a Crea­ture, may be ranked together. And though some would ex­cuse that expression of Ioseph, [ By the life of Pharaoh] and tell us that the primitive Christians did sometimes swear per salutem Imperatoris, yet the former language seems fitter for Aegypt then for Canaan, and the later savours more of Courtship then Chri­stianity. There is indeed a passage of our Saviour, Matth. 23. 21, 22. where he seems to make it all one to swear by some Creatures, as to swear by God himself; for he saith, that he that sweareth by the Temple, sweareth by him that dwelleth therein; and he that sweareth by Heaven the Throne of God, sweareth by him that sitteth thereon: but the scope of our Saviour must be attended, who reproves the vain conceit of the Pharisees, who thought God was not concerned in those Oaths where his Name was not ex­presly mentioned; and tels them, that because those Oaths were reducible unto God, who accounted himself interessed in eve­ry Oath, they could not be excused from perjury in the breach of them. Pareus expresses it briefly and well, that those Oaths were formaliter vitiosa, sed finaliter obligatoria: So that our Sa­viour doth not countenance those forms of swearing, but dis­countenance their great vanitie and folly in the construction of them; for an Oath taken by that which is no god, if he that swears, puts it in the room of God, it will be found to oblige. Thus much for the Form of an Oath, from which howsoever it hath pleased men to vary, yet it is good to have recourse to the first and purest use of Oathes, which was, to mention the Name of the Lord with lifting up the hand to Heaven; so Abraham (as fit for our pattern as any man else) Genes. 14. 22. I have lift up my hand to the Lord, the Possessor of Heaven and Earth, that I will not, &c.

Thus much concerning the Form, the Qualifications follow, In truth, in righteousnesse, and in judgement. Hierome gives this brief and clear interpretation of these words, There must be veritas [Page 9] in re, justitia in causa, juditium in modo jucandi. First, he that swears must have a principall eye to Truth, for the end of an essertory oath is to evidence truth, and of a promissory oath to engage truth: veritas entis must be looked to in the former, veritas mentis in the latter, and no room is left for equivocation, which cros­ses the very end of an Oath. It is certainly a most horrid im­piety to call God to witness an untruth, who delights to be stiled The God of truth; it is an affront we should be ashamed to offer a Person of Honour, to make him a partner in our iniquitie. In brief, he that swears a falshood, doth insinuate, that God doth either not know the truth, or not regard it; but his eyes are on the truth, Ierem. 5 2, 3. Let those that swear falsly well consi­der it, lest a curse enter into their houses, as the Lord threat­neth, Zech. 5. 3, 4.

2. He that sweareth must do it in righteousnesse, in a law­full and just matter; if the oath be promissory, the thing sworn must be lawfull and good; not such an oath as David swore against Nabal and his house, 1 Sam. 25. 22. or Herod to Herodias, Matth. 14. 7. If the oath be assertory, let it be with righteous and just intentions, to the furtherance of justice and charitie, and upon no other account.

3. In judgement, that is, wisely discerning the occasion and ordering the circumstances of his oath; for instance, he that swears in judgement will not swear in a triviall or sleight busi­nesse; the Name of the Lord is great, wonderfull, and holy, and not to be made use of but in solemn and serious things. An honest man will not swear in a false matter, nor a wise man in a frivolous. Oathes and Lots are of like nature in this particu­lar, both seriously to be used, and in cases of necessitie. Temere jurat qui aliter potest proximo consulere, is a sober speech, and to be regarded; If by any other means we can provide for our neigh­bours good and safetie, it is rashnesse to swear on his behalf. To swear in judgement, is to do it with deliberation, and actuall consideration of the importance of an oath; the Majesty, Truth, and Justice of him by whom, or unto whom we swear.

Having thus confirmed and illustrated the Proposition, a word of application will be needfull.

First, by way of consutation to those who utterly deny the [Page 10] lawfulnesse of oathes in the times of the Gospell, and that under the countenance of this Scripture which I am insisting on, toge­ther with that of the Apostle Iames, Iam. 5. 12. already mentioned, which I hope are sufficiently vindicated from any such meaning, in the judgement of the considerate Reader: If men will run away with the sound of words, instead of the sence of them, and sin­gle out an expression of Scripture, and urge it against the evi­dence of severall plain places, speaking the contrary, it argues an Hereticall disposition, more addicted to opinion than to truth. Calvin takes notice of such a temper, in his Commenta­ry upon this place, his words are these, Vna cum rixandi libi­dine crassam inscitiam produnt Anabaptistae dum, vocem unam morose urgendo, totum sermonis tenorem clausis oculis praetereunt: The Ana­baptists by occasion of this Scripture discover (together with their perversnesse) grosse ignorance, while they frowardly urge one word, neglecting the whole frame of the discourse. It is said our Anabaptists (if they will admit of that name, which they must rather than we to gratifie them with the name of the bap­tized Churches, deny our own Baptisme) allow of oathes: It is well if it proceed from a soundnesse, and not from a latitude of Principles: But by denying the use of them God loses ho­nour, and men come short (many times) of truth and justice. It is true, if men were as they ought, yea and nay might suffice instead of Oathes. Omnis fidelis sermo pro juramento est, saith Hie­rome; but we must take men as they are, with their defects of faith, truth, and knowledge, and the remedy of those defects, which is an Oath, must still continue.

2. But because where there is one too scrupulous, there are ma­ny too profuse in the matter of oathes, a severe reprehension be­longs to those who observe no rule in swearing; such are they who sweare by the Creatures, light, bread, or any thing that comes next hand, whereby a man first abuses his own reason; for what ridiculous folly is it to call inanimate Creatures to at­test any thing? what madnesse to curse ourselves by our bles­sings? Secondly, he abuses the Name of God, which ought to be interposed in an oath, by substituting any other thing in his room, which there is nothing in Heaven or Earth fit to supplie. [Page 11] And thirdly, he abuses the Creature it self, by imploying it to an end dishonourable to its Creator, an use to which it never was appointed; and this may well be part of that burthen un­der which the Creature groaneth and travelleth in pain, as the Apostle speaks Rom. 1. 22. and of that vanitie of sin and trou­ble which it is subjected to. To swear by Creatures below our selves, is to under-value our selves: For men verily swear by the greater, Hebr. 6. 16. To swear by Creatures above our selves, (as glorified Saints and Angels) is to overvalue them, for what or who are they that they should be to us in the room of God? They also who regard not truth, judgement, and righteousnesse in their oathes, what reproof is sharp enough for them? To swear falsly by the Name of the God of truth, how great a pro­vocation is it? Those that swear falsly, that is, either that which they know to be false, or that which they know not to be truly, are highly guilty of offence against the God of truth, whose eyes are upon the truth, Ierem. 5. 3. and also against hu­mane society, which is knit together by the bands of truth and justice. The Aegyptians had so reverent an esteem of their Idols, which were but vanity, and a lie, that if any were found to swear falsly by them, they were adjudged worthy of death; and shall we make light of abusing the name of the living and true God? There is no person of honour and honesty but would look upon it with highest indignation to be called to attest an untruth; what shall we then think of the God of truth, will he not be ve­ry jealous for his honour, in such a case? It is sad to see and consider how often men are produced to swear contradicti­ons, where one must needs be guilty of false-hood in swearing, unless, both parts of a contradiction can be found true, which is impossible. And that which adds to the mischiefe, is, that unrighteousness is bound up with untruth in the most false Oathes, and so both Tables are broken at once. Sometimes men swear falsly, out of malice, and revenge, but it is a strange revenge, to destroy a mans reputation, to wound his consci­ence, to hazard his salvation, that he may require another. Oh what folly and madness is in the hearts of the sons of men while they live, and after they go to the dead, as the wise man complaines, Eccles. 9. 3. Others swear falsly out of a covetous principle, loving the [Page 12] wages of unrighteousness, as Balaam did; but what profit is it to win the world and lose a mans own soul, saith Christ, who knew well enough what the worth of both was, Matth. 16. 26. such a man is like to come to Iudas his reckoning, who dearly earned the reward of iniquity, Act. 1. 18. Others who think it base to forswear themselves for money, will yet do it out of respect to a Superi­our, or kindnesse to a friend; but for a man to pawn his soul in courtesie, is madnesse and not kindnesse, and most desperate folly for one to lay down his own conscience or comfort as a Bridge to make passage for another to his worldly advantages. But I shut up this admonition with that of the Lord by the Pro­phet Zechariab, 8. 17. Let nme of you imagine evill in your hearts against his neighbour, and love no false Oath, for these things I hate, saith the Lord. Odium terminatur ad non esse. Destruction is the fruit of hatred.

And lastly, the number of them that swear but not in judge­ment, is exceeding great; alas, how few are there that under­stand an Oath, and fewer that consider it! Those that swear in common conversation, certainly swear not in judgement, they do it so frequently, so sleightly, that their understanding cannot exercise any deliberate act about it; they take so little notice of it that they will hardly be brought to acknowledge they have sworn; if they confesse it they will tell you it was before they were aware, and so are found witnesses against themselves, that they swear not in judgement: but if every idle word is to be accounted for, as our Saviour tels us Matth. 12. 36. what shall we think of idle oathes, which signifie nothing but a profane and vain spirit, will not they inflame the reckoning ex­ceedingly? The sons of men (especially great and noble per­sons) cannot endure to have their Names tossed up and down among vain men, or used upon sleight occasions: and will no the God of heaven take it in greater indignation that his Name [ which is great, wonderfull, holy] should be made triviall or com­mon, by the frequent usurpations of ignorant and wicked men certainly he will not hold them guiltlesse that thus take hi [...] Name in vain: It is not the plea of custome that will excuse no [...] yet extenuate the sin. It is true, some places are so profane, th [...] swearing is become the very dialect of the Town or Family [Page 13] where they dwell, and shall they escape by the commonnesse of their iniquity, no surely neither nature nor custome which is the second nature are tolerable excuses for any evill, but rather aggravations of it. Sin is not the lesse but rather the more to be bewailed, because of the deep root it hath in our corrupt na­tures. In this glasse it was that David and Paul saw their sins to be above measure sinfull, Psal. 51. and Rom. 7. And the like may be said of custome, alteranatura; it is so little capable of be­ing pleaded by way of mitigation of the sinn of swearing, or any other iniquity, that it renders it the more mischievous and dangerous. The Lord by the Prophet Ieremy gives an account of the state of Iudah, Chap. 13. 23. Can the Aethiopian change his skin, or the Leopard his spots? then may ye also do good who are accusto­med to do evill. But was this any advantage to them, that they were so accustomed to evill, that they could not leave it? No, for it follows vers. 24. Therefore will I scatter them as the stubble that passeth away by the winde of the wildernesse. This is thy lot, the portion of thy measures from me, saith the Lord. Let men take heed of custo­mary sins. If men will be wont to sin, God is wont to punish.

Others there are more deliberate in this wickednesse, and so more guilty; they think it a kinde of a gallantrie and grace­fulnesse of speech to interlace it with Oathes and Execrations; nay, some are become so exceeding vain and vile, that they will study new-fashion'd Oathes, as well as cloaths, and so go down to destruction in the right mode: Concerning these persons I know not well what to say, but choose rather to stand and ad­mire, first, the depth of wickednesse and madnesse in the heart of man, which casteth up such mire and dirt; and then the in­finite patience of the God of heaven, who is highly sensible of such affronts and provocations, and easily able to avenge him­self, yet forbears to execute his just displeasure. But let them who like raging waves of the Sea thus foam out their owne shame, and vent the superfluity of naughtinesse that is in them, know, that though God be long suffering, yet he will not al­wayes suffer, his patience hath prefixed bounds; and though for some time there may be one event to the righteous and the sinner, to him that sweareth and him that feareth an oath, as saith the Preacher, Eccles. 9. 2. yet there is a day of the revelation of the [Page 14] righteous judgement of God approaching, and then will the Lord put an everlasting difference betwixt the righteous and the wicked; betwixt him that serveth God, and him that serves him not, Malach. 3. ult. It may be such profane persons finde not the Curse entered into their houses, according to the threatning Zach. 5. 3, 4. but it is entred into their hearts, which is of worse consequence, for by their hardnesse and impenitency they trea­sure up wrath against the day of wrath.

And though the persons mentioned do most notoriously of­fend against this rule of swearing in judgement, for they have no judgement in their goings or doings, yet they are not the onely offenders in this point; there are many who call others to swear, and are called lawfully thereunto; that rush upon oathes without due consideration: they consider not the weight of the matter, or the necessity of an Oath in the case. Every unnecessary Oath is a vain Oath, and litigious persons who occasion many Oathes for the decision of their needlesse controversies, will finde they have much to answer for; their sins against charitie by contentions, against justice by vexations, and against the Name of God by calling men to swear about that which is hardly worthy a mans going over the threshold to prove. And though Erasmus was too strict in saying, Non est ingenui Christiani jur are pro rebus hujus seculi, pro praediis & nummis; yet the truth lies very near it, and that is, men should be very backward to swearing in such cases, and utterly averse if the difference may otherwise be determined. Exod. 22. 11. An Oath is rather to be reckoned in necessariis quam in simpliciter bonis. The command to swear by the Name of God, Deuter. 6. 13. is not like that of calling upon his name, but the meaning is, If there be a just occa­sion of thy swearing, then let it be by the Name of God, and not by any Idol or Creature.

Others consider not the solemnity of an Oath, the Majestie and Dread of that Name which is in vocated thereby, but light­ly, hastily, and irreverently use the Name of God, which is full of provocation. It is sad to see how in Courts of Justice, where Magistrates are tender enough of their own Honour and Power, the Name of God is profaned with rude and irreverent swear­ing: what hudling of Oathes there is with very little sense or [Page 15] consideration of the weight and importance of them, which if administred with deliberation and solemnitie, would conduce much to the Honour of God, and the right end of an Oath, which is the serious confirmation of a Truth in question. And it would be no small degree of reformation among us in civill pro­ceedings, if the number of Oathes were lessened, and those that must be taken were administred with more solemnitie, as all the parts of Gods Worship ought to be: Let me therefore put you my Lord Maior & the rest of the Magistrates in mind, that God hath intrusted you with a very great Treasure, which is The glori­ous and fearfull name of the Lord your God, which he is very tender of, and expects you should be so also, and expresse your regard thereto, by punishing unlawfull Oathes, preventing unnecessa­ry Oathes, and duly regulating those which are lawfull and ne­cessary, in order to truth and peace. The day is hastening up­on us when we shall have no other refuge but the Name of the Lord, which is a strong Power to the righteous, Proverbs 18. 10. and how sad will it be to finde such a repulse as this, What have you to do take my Name in your mouthes, which you have profaned and suffered to be profaned, for want of executing the Power and Trust com­mitted to you by God and men? Is not every mans particular bur­then heavie enough for him to bear? Let us not then neither Magistrates nor Ministers (for we are most concerned) make our selves partakers of other mens sins, by not discharging our du­tie to them. This shall suffice o have spoken of [...] wherein I have had more speciall respect to ass [...] I come now to the second, which will more directly c [...] Oathes promissory, such as you have taken this day.

Propos. II. It is utterly abominable to forswear, or not to perform our Oathes unto the Lord. The righteousnesse of the Scribes and Pharisees which came short of the Law, and short of Heaven (as I have already said) yet reach [...]d thus far, that Oathes were to be performed; if Scripture were silent, the Law of Nature and Nations would speak plain and loud in this point, there being hardly any sin upon which they have set a fowler mark then that of perjury; I suppose because of the peculiar mischief and malignitie that it carries with it to humane Societies, which are preserved by truth and fidelity. Apud omnes populos & [Page 16] ab omni aevo circa pollicitationes et contractus maxima semper vis fui [...] jures jurandi. Grot. de jure belli & pacis. I think it utterly superfluous to produce any thing by way of proof in so clear a point as this is, I only give this argument from the lesse to the greater, if it be generally look'd upon as unworthy to break a mans word or promise (as indeed it is, for it renders a man inconstant, if not unfaithfull) much more unworthy is it to recede from a promise strengthened and seconded with an Oath. It is worth the consideration that of Paul. 2 Cor. 1. 17. Where you find him exceeding solicitor to preserve his reputation from the stain of lightnesse; When therefore was thus minded did I use lightnesse? or the things that purpose do I purpose according to the flesh, that with me there should b [...] yea, yea, and nay, nay? But as God is true, our word toward you wa [...] not yea, and nay: And so it becomes every one that nameth the name of Christ, the faithfull and true witnesse, to have a tende [...] respect to credit and conscience in the matter of Oathes and promises which is one speciall branch of that blessed exercise o [...] keeping a good conscience void of offence toward God and toward men.

To this may be added the consideration of the strictnesse o [...] God in this particular, how severe hath he been in reprehensi­ons and punishments for the violation of promissory Oathes, though some excuse might have been pleaded for the breach of them▪ When Saul broke the Oath made by Ioshua and the Princes o [...] the Congregation to the Gibeonites, Ioshua 9. 15. he might have said it was made by his Predecessors, but not by himself; it was a surprize, a Covenant obtained by indirect and fallacious means, it seemed to clash with the injunction of God for de­stroying the Nations; & lastly, that he did it not out of revenge or self-interest, but in zeal to the people of God, the Children of Israel: but notwithstanding all these Pleas, the Lord took himself so much concerned in the breach, that he looked upon the House of Saul as a bloody House for this cause, and took a sharp recompense for his transgression, 2 Sam. 21. 1, 2, &c. Ano­ther instance may be that of the King and Princes of Iudah, who being overcome by the King of Babylon, entered into an Oath and a Covenant with him, which afterward they violated, by sending Ambassadours to Aegypt for Auxiliaries, that they might get their neck from under the Yoke. Forth is also some­thing [Page 17] might be pleaded, as That it was a forced Oath, drawn from them in extremity, that it was contrary to the promises made to Israel, that it should be high above all Nations, con­trary to the honour and interest of the Church of God to be un­der the oppression of strangers: should Israel be a servant, a home-born slave, and not deliver himself at his first advantage? But notwithstanding all this the Lord tels them, that though the oath was made to the King of Babylon that was his enemy as well as theirs, yet it was the Lords Oath: Theref [...]re thus saith the Lord, as I live surely mine Oath that he hath despised, and my Cove­nant that he hath broken, even it will I recompense upon his own head, and I will spread my Net upon him, and he shall be taken in my snare; see­ing no Bands of mens making will hold him fast, I will make a snare for him in which he shall be surely held.

But because notwithstanding the strictnesse of the obligation of promissory Oathes, there will be sometimes a necessitie of dispen­sation, some explicatory Rules must be added; as,

1. An unlawfull Oath or engagement, I mean, that which obliges to a sinfull Act, a breach of any of Gods Commande­ments, must not be performed. Iuravit David temete sed non implevit jurationem majori pieta­te. August. Iuramentun non debet esse vin­culum iniquitatis. Ames. and therefore David did much better in breaking his Oath made against Naball and his house by way of revenge, 1 Sam. 25. 22: 23. then Herod did by keeping that rash and sinfull engagement made to Herodias, Matth. 14. 7, 8, 9. For though it may seem to reflect upon the obligation of an Oath, that in any case it should be remitted, yet it would be a greater dishonour to the nature of an Oath if it should be al­lowed to tye a man to the disobedience of Gods commands, and so have influence into sin. And therefore if any be so un­warrantably engaged, they must repent of the first sin in ma­king such an Oath, and not adde a second in the keeping of it: for as we say of precepts, so we may of promises, Durand. lib. 2: dist. 39. Praeceptum inferioris non obligat contra potestatem superioris. Neither precepts nor promises made against the lawfull power of our Superiour, (much lesse our supreme God himself) are binding. Naturall light reaches thus far, lib. 6: Cap. 7. for we find in Curtius that Nicomachus having rashly sworn secrecy to Dymnus, when he understood the businesse to be an intended murther against the King, he denied [Page 18] that he was obliged by a religious Bond to a wicked Act, and re­vealed the matter.

2. An Oath binds not to impossibility, to swear that which is at the present impossible, is great rashnesse and folly; but a man sometimes finds it impossible to perform that which was possible when he engaged to it, but certainly with the possibilitie the obligation ceases, and it suffies that there be a willingnesse to perform, and a propensitie to embrace an opportunity of ful­filling it when God shall render it possible and fit to be done; and here the Lord himself makes a dispensation by providence, as in the case of an unlawfull Oath he doth by Precept.

3. If the Oath be lawfull and possible, though it be ex­tremely prejudiciall, and incovenient unto the person so inga­ged, he is not to dispense with the performance of it. This is made a character of a Citizen of Zion, that he sweareth to his own hurt, and changeth not; and it sufficeth not for an excuse of the breach, to say, We did it rashly and upon mistakes, for so might Ioshua and the Princes of Israel have said concerning their Oath to the Gibeonites, which was an Oath of disadvantage to Israel, as Saul thought, when in zeal to their good he brake it, and an Oath wherein they were surprized, yet they were obliged by it. And as for that dispensation which some allow in the case of prejudice to publike good, although I would not wholly reject it, for a man may pass away his own right when he cannot do so with the publique, yet it is to be admitted with very much caution and tendernesse, because there is great danger least it open a gap to unjust and unnecessary violations of this religious bond, and be made a cloke to private interests as frequently it is, and therefore let it be a clear and indisputable good, and judged so to be by others rather then him that is to dispence with his Oath about it. To keep an Oath with my own dis­advantage is a demonstration how far I prefer the name of God, the honour of Religion unto my own concernments, and so an argument of sincerity toward God, or at least of honesty a­mong men. Having gone as far as the limits of a Sermon will permitt, I must refer to Treatises for that which is further desi­red concerning this subject, onely I must close with a word of application.

[Page 19] First, Application to those who have the power of imposing promissory Oathes upon others; that they would be exceeding tender, nay I will say, backward and averse unto such kind of obligations, some have thought them utterly unlawfull and that our Saviour in this Text intends the prohibition of them, whom though we cannot agree to, yet we must acknowledge them to be exceeding dangerous; Assrrtory Oathes are the end of all strife, but promissory Oathes prove many times the beginnings and aggravations of strife, and if there ought to be so great care to avoid unnecessa­ry Oathes in case of assertion, certainly much more in case of obligation: to offend in the former is an act more transient, in the latter more permanent. Governours are ready to think it is their great security to establish themselves by Oathes, Cove­nants, & engagements; the use of them is not absolutely denyed, but the abuse and unprofitablesse of them is evidently manifest; how easily men say even concerning these, Let us break their bonds in sunder, and cast away their cords from us. The policies of men have been pronounced vain in this case, and will be, so long as men purpose according to the flesh, (as Paul speaks 2 Cor. 1.) their words will be yea and nay; and especially to do it at such a time as this, a time of unsetlednesse and quick revolution, wherein it were too hard a task to bid a man lay hold of the Sails of a whirling Windmill, or stay the wheels of a running Cha­riot: the truth is, men will not be bound, much lesse will the Al­mighty by such Cords as these. Canst thou draw out Leviathan [...]ith a Hook? Job 41. 1.

The like may be said in some degree concerning the Oathes taken by inferiour Officers, by Tradesmen in Companies and Corporations; these Oathes are too much used, and too little observed among them: I think it is possible to hold forth a more excellent way both in the former case and this latter; if [...]agistrates would take fast hold of the people, and lay firm ob­ligations upon them; it must not be by words, but actions; not [...]y the peoples Promises, but their own performances: Vbi non [...] sanctitas, pietas, fides, instabile regnum est, saith the Heathen Poet. [...]onsciencious persons who lay to heart the things of God, [...]ould be obliged by nothing more then due liberty and order [...] matters of Religion, which two howsoever they have been [Page 20] kept at distance, are not onely possible but willing to be recon­ciled. Faith and Order are matter of rejoycing to an Apostle Col. 2. 5. And as those who are for heaven would be most in­gaged by such means; so they who are for the earth, by con­sulting their profit & their quiet, both the one and the other by publike justice in which all are equally concerned. And as to the latter case, concerning the tying of Officers and others to their duties by the Bond of Oathes, it is indeed in it self the most sa­cred and strong tye, but it is not so to the generalitie of men, who are more awed by Penalties then by Oathes; and till the reve­rence of an Oath be restored to the world, that men shall regard their Consciences more then their Purses; it would be advantage to both Parties concerned in Promissory Oathes, that penalties were many times imposed in the room of them.

2. I shall adde a word to those persons who are ingaged in Oathes promissory. First, that we should look back upon all the solemn obligations of this kinde into which we have at any time entred, and seriously bewail before the Lord our great sin and folly concerning them; how rashly, slightly, implicitely and inconsiderately have we adventured upon Oathes, Schollers in the Universities, Tradesmen upon their admissions to freedom, Officers entring on publike employments? and if we search our consciences it may be we shall finde little of them remaining, but the guilt; let us humble our selves and pray that it may be removed. And let us not think that sufficient, but account it our dutie to revive them, and so farr as it is lawfull or possible, hold our selves obliged to perform them, though we have been in­cautelously and unwisely surprized in them. Loose and libertine spirits are very forward to say, Let us break these Bonds in sun­der, and cast away these Cords from us; let us look upon them as Almanacks out of date; but let such take heed they reckon not without the Lord, whose account shall only stand in the day of our great account, and if that be found upon the File, which we thought had been cancelled it wil be a sad reckoning▪ And to invort that of the Roman Senatour: Si non Romiae tamen vestri miserescite. If you have no compassion of your selves, yet pitty a poor Nation that lies mourning under Oathes, Iereniah 23. 10. not on­ly the rash vain Oathes of profane and licentious men, but [Page 21] deliberate promissory Oathes and Covenants so frequently and [...]alsly violated. I would not extenuate any sin, much lesse that of swearing, but the [...]ormer Oathes are like man slaugh­ter, when the latter are as murther. The Lord forgive our sin and heal our Land.

And for the time to come let us as far as possibly we may avoid them, Falsa juratio mala est, omnis periculosa. But if there be a just and necessary occasion for a promissory Oath, as sometimes there may, let us be exceeding circumspect in the taking of it, well weighing what we do and with what intention, and be­ing once engaged, not to study evasions but executions of trust and promise. What can I say more then the Lord hath said in his perpetuall law: The Lord will not hold him guiltlesse that taketh his Name in vain. There is much said, but more intended then expressed, in these words; the Lord will deal with such a per­son as one who is deeply guilty of provocation.

Give me leave to be particular and plain: You my Lord Major and Sheriffs are under the band of an Oath; That you will diligently execute the office you are called unto according to your skil, power and understanding. Hereby you are tacitely obliged to do your utmost to understand the duty of your places, and expresly bound to execute them to the utmost of your skil and power, which is a great word and hard to be performed.

You the Aldermen, Common-Councell, and four and twenty (as you are called) are sworn to assist the Mayor in his office, to come to Councell at all times, when you are sent for, unlesse you have a just excuse; take heed of hindring instead of assisting, take heed of absenting your selves upon frivolous excuses, or things of lesse moment then that you are called unto; think not to be your own judges in the excuse, you will find another besides you, and above you, whose Judgment is according to truth. Think not that if you have not taken the Oath this year, you are not obli­ged, a former Oath binds you as long as you continue in your Station. Give not heed to evasions, but in all doubtfull things take the safer course. You also take an Oath of secrecy, in which there is a snare, be carefull that you be not taken in it, but let prudence and conscience set a watch before the door of your lips.

[Page 22] You that are Freemen of the Citie are also under this sacred Bond, for preserv [...]tion of the due rights and priviledges of the Citie, and to be obedient to the just and good goverment of the same: Take you heed also, and be exceeding circumspect, dispence not with your obedience, where the Lawes of God, and the Lawes of the Land allow not a dispensation; think not it is left to your pri­vate determination, what is just and good goverment; you must take it as you find it, and do all things without murmurings and disputings, where the Lawes of your Superiors are not con­trary to the Divine and Supreme Law. So shall you seek and procure the peace of the Citie, and of your own souls also.

You are sometimes called as Jurors, and sworn to make true Inquisitions and Presentments; not to present for hatred or malice, not to forbear Presenting for favour or reward, truly to trie Issues according to your evidence, not your priv [...]e opinions and mistaken charitie. Take the counsell given by Moses to Israel, Take head to your selves, and keep your souls deligently. In all things that I have said unto you be circumspect. I adde only this one consideration from the usuall close of your Oathes wherein you promise to do such and such things, so help you God; a most weightie and important expressi­on. If the Lord help not, how sad is the condition of any of us▪ and shall we forfeit our Interest in it by breaking the Oathes we enter into? and give the Lord occasion to say when we flie for help unto his Name, How can you expect help from me, remem­ber the day when you said and swore, that as you expected help from me, you would do the things which you have not regarded. Thus have I accord­ing to my measure given in that counsell which I desire may be acceptable to you. The Lord by his blessed Spirit supply the de­fects of my words, and of all our hearts and wayes.