Chapter V (2)

_Rule_ II. Those conditions are to be taken as intended in all oaths, (whether expressed or no,) which the very nature of the thing doth necessarily imply[64] (unless any be so brutish as to express the contrary). And these are all reducible to two heads: 1. A natural, and, 2. A moral impossibility. 1. Whoever sweareth to do any thing, or give any thing, is supposed to mean, If I live; and if I be not disabled in my body, faculties, estate; if God make it not impossible to be, &c. For no man can be supposed to mean, I will do it whether God will or not, and whether I live or not, and whether I be able or not. 2. Whoever voweth or sweareth to do any thing, must be understood to mean it, If no change of providence make it a sin; or if I find not, contrary to my present supposition, that God forbiddeth it. For no man that is a christian is to be supposed to mean when he voweth, I will do this, though God forbid it, or though it prove to be a sin; especially when men therefore vow it, because they take it to be a duty. Now as that which is sinful is morally impossible, so there are divers ways by which a thing may appear or become sinful to us. (1.) When we find it forbidden directly in the word of God, which at first we understood not. (2.) When the change of things doth make that a sin, which before was a duty; of which may be given an hundred instances; as when the change of a man's estate, of his opportunities, of his liberty, of his parts and abilities, of objects, of customs, of the laws of civil governors, doth change the very matter of his duty.

_Quest._ But will every change disoblige us? If not, what change must it be? seeing casuists use to put it as a condition in general, _rebus sic stantibus_. _Answ._ No: it is not every change of things that disobligeth us from the bonds of a vow. For then vows were of no considerable signification. But, 1. If the very matter that was vowed, or about which the vow was, do cease, _cessante materia, cessat obligatio_:[65] as if I promise to teach a pupil, I am disobliged when he is dead. If I promise to pay so much money in gold, and the king should forbid gold and change his coin, I am not obliged to it. 2. _Cessante termino vel correlato, cessat obligatio_: If the party die to whom I am bound, my personal obligation ceaseth. And so the conjugal bond ceaseth at death, and civil bonds by civil death. 3. _Cessante fine, cessat obligatio_: If the use and end wholly cease, my obligation, which was only to that use and end, ceaseth. As if a physician promise to give physic for nothing for the cure of the plague, to all the poor of the city; when the plague ceaseth, his end, and so his obligation, ceaseth. 4. _Cessante persona naturali relata, cessat obligatio personalis_: When the natural person dieth, the obligation ceaseth. I cannot be obliged to do that when I am dead, which is proper to the living. The subject of the obligation ceasing, the accidents must cease. 5. _Cessante relatione vel persona civili, cessat obligatio talis, qua talis_: The obligation which lay on a person in any relation merely as such, doth cease when that relation ceaseth. A king is not bound to govern or protect his subjects if they traitorously depose him, or if he cast them off, and take another kingdom (as when Henry III. of France left the kingdom of Poland): nor are subjects bound to allegiance and obedience to him that is not indeed their king. A judge, or justice, or constable, or tutor, is no longer bound by his oath to do the offices of these relations, than he continueth in the relation. A divorced wife is not bound by her conjugal vow to her husband as before, nor masters and servants, when their relations cease; nor a soldier to his general by his military sacrament, when the army is disbanded, or he is cashiered or dismissed.

_Rule_ III. No vows or promises of our own can dissolve the obligation laid upon us by the law of God. For we have no co-ordinate, much less superior authority over ourselves; our self-obligations are but for the furthering of our obedience.

_Rule_ IV. Therefore no vows can disoblige a man from any present duty, nor justify him in the committing of any sin. Vows are to engage us to God, and not against him: if the matter which we vow be evil, it is a sin to vow it, and a sin to do it upon pretence of a vow. Sin is no acceptable sacrifice to God.

_Rule_ V. If I vow that I will do some duty better, I am not thereby disobliged from doing it at all, when I am disabled from doing it better.[66] Suppose a magistrate, seeing much amiss in church and commonwealth, doth vow a reformation, and vow against the abuses which he findeth; if now the people's obstinacy and rebellion disable him to perform that vow, it doth not follow that he must lay down his sceptre, and cease to govern them at all, because he cannot do it as he ought, if he were free. So if the pastors of any church do vow the reformation of church abuses, in their places, if they be hindered by their rulers, or by the people, it doth not follow that they must lay down their callings, and not worship God publicly at all, because they cannot do it as they would, and ought if they were free; as long as they may worship him without committing any sin. God's first obligation on me is to worship him, and the second for the manner, to do it as near his order as I can: now if I cannot avoid the imperfections of worship, though I vowed it, I must not therefore avoid the worship itself (as long as corruptions destroy not the very nature of it, and I am put myself upon no actual sin). For I was bound to worship God before my vows, and in order of nature before my obligation _de modo_: and my vow was made with an implied condition, that the thing were possible and lawful: and when that ceaseth to be possible or lawful which I vowed, I must, nevertheless, do that which still remaineth possible and lawful. To give over God's solemn worship with the church, is no reformation. To prefer no worship before imperfect worship, is a greater deformation and corruption, than to prefer imperfect worship before that which is more perfect. And to prefer a worship imperfect in the manner, before no church worship at all, is a greater reformation than to prefer a more perfect manner of worship before a more imperfect and defective. To worship God decently and in order, supposeth that he must be worshipped; and he that doth not worship at all, doth not worship him decently. If a physician vow that he will administer a certain effectual antidote to all his patients that have the plague, and that he will not administer a certain less effectual preparation, which some apothecaries, through covetousness or carelessness, had brought into common use, to the injury of the sick; his vow is to be interpreted with these exceptions: I will do it if I can, without dishonesty or a greater mischief: I will not administer the sophisticated antidote when I can have better: I vow this for my patients' benefit, and not for their destruction. Therefore if the sophisticated antidote is much better than none, and may save men's lives, and the patients grow wilful and will take no other, or authority forbid the use of any other, the physician is neither bound to forsake his calling rather than use it, nor to neglect the life of his patients (if their lives indeed lie upon his care, and they may not be in some good hopes without him, and the good of many require him not to neglect a few). But he must do what he can, when he cannot do what he would, and only show that he consenteth not to the sophistication.

_Rule_ VI. Though he that voweth a lawful thing, must be understood to mean, if it continue possible and lawful; yet if he himself be the culpable cause that afterwards it becometh impossible or unlawful, he violateth his vow. He that voweth to give so much to the poor, and after prodigally wasteth it, and hath it not to give, doth break his vow; which he doth not if fire or thieves deprive him of it against his will. He that voweth to preach the gospel, if he cut out his own tongue, or culpably procure another to imprison, silence, or hinder him, doth break his vow; which he did not if the hinderance were involuntary and insuperable: consent doth make the impedition his own act.

_Rule_ VII. In the taking and keeping of oaths and vows we must deal simply and openly without equivocation and deceit.[67] Psal. xxiv. 3-5, "Who shall ascend into the hill of the Lord? or who shall stand in his holy place? He that hath clean hands, and a pure heart; who hath not lifted up his soul unto vanity, nor sworn deceitfully. He shall receive the blessing from the Lord, and righteousness from the God of his salvation."

_Rule_ VIII. He that juggleth or stretcheth his conscience by fraudulent shifts and interpretations afterwards, is as bad as he that dissembleth in the taking of the oath. To break it by deceit, is as bad as to take it in deceit. Psal. xv. 1, 4, "Lord, who shall abide in thy tabernacle--he that sweareth to his own hurt and changeth not." Saith Dr. Sanderson,[68] _Ista mihi aut non cogitare_, &c. "It seemeth to me that the greater part of the men of these times either think not of these things, or at least not seriously; who fear not, at large and in express words, without going about, to swear to all that, whatever it be, which is proposed to them by those that have power to hurt them: yea, and they take themselves for the only wise men, and not without some disdain deride the simplicity and needless fear of those, that lest they hurt their consciences forsooth, do seek a knot in a rush, and oppose the forms prescribed by those that have power to prescribe them. And in the mean time they securely free themselves from all crime and fear of perjury, and think they have looked well to themselves and their consciences, if either when they swear, like Jesuits, they can defend themselves by the help of some tacit equivocation, or mental reservation, or subtle interpretation which is strained and utterly alien from the words; or else after they have sworn can find some thing to slip through, some cunning evasion, as a wise remedy, by which they may so elude their oath, as that keeping the words, the sense may by some sophism be eluded, and all the force of it utterly enervated. The ancient christians knew not this divinity, nor the sounder heathens this moral philosophy. For otherwise saith Augustine, They are perjured, who keeping the words, deceive the expectation of those they swear to: and otherwise saith Cicero," &c. He goeth on to confirm it at large by argument.

_Rule_ IX. An oath is to be taken and interpreted strictly. Sanderson saith,[69] _Juramenti obligatio est stricti juris_; that is, _non ut excludat juris interpretationem æquitate temperatam; sed ut excludat juris interpretationem gratia corruptam_: "not as excluding an equitable interpretation, but as excluding an interpretation corrupted by partiality:" that it be a just interpretation, between the extremes of rigid, and favourable or partial; and in doubtful cases it is safer to follow the strict, than the benign or favourable sense. It is dangerous stretching and venturing too far in matters of so sacred a nature, and of such great importance as vows and oaths.

_Rule_ X. In the exposition of such doubtful oaths and vows, 1. We must specially watch against self-interest or commodity, that it corrupt not our understandings. 2. And we must not take our oaths or any part of them in such a sense, as a pious, prudent stander-by that is impartial, and no whit interested in the business, cannot easily find in the words themselves.[70]

_Rule_ XI. In doubtful cases the greatest danger must be most carefully avoided, and the safer side preferred: but the danger of the soul by perjury is the greatest, and therefore no bodily danger should so carefully be avoided: and therefore an oath that in the common and obvious sense seemeth unlawful should not be taken, unless there be very full evidence that it hath another sense. Sand. p. 46, _Nititur autem_, &c. This reason leaneth on that general and most useful rule, that in doubtful cases we must follow the safer side: but it is safer not to swear, where the words of the oath proposed, do seem according to the common and obvious sense of the words to contain in them something unlawful; than by a loose interpretation so to lenify them for our own ends, that we may the more securely swear them. For it is plain that such an oath may be refused without the peril of perjury; but not that it can be taken without some danger or fear. The same rule must guide us also in keeping vows.

_Rule_ XII. It is ordinarily resolved that imposed oaths must be kept according to the sense of the imposer. See Sanders. p. 191, 192. But I conceive that assertion must be more exactly opened and bounded. 1. Where justice requireth that we have respect to the will or right of the imposer, there the oath imposed must be taken in his sense; but whether it must be kept in his sense is further to be considered. 2. When I have done my best to understand the sense of the imposer in taking the oath, and yet mistake it, and so take it (without fraud) in another sense, the question then is somewhat hard, whether I must keep it in the sense I took it in, or in his sense, which then I understood not. If I must not keep it in my own sense, which I took it in, then it would follow that I must keep another oath, and not that which I took: for it is the sense that is the oath. And I never obliged myself to any thing, but according to my own sense: and yet on the other side, if every man may take oaths in their private sense, then oaths will not attain their ends, nor be any security to the imposers.

In this case you must carefully distinguish between the formal obligation of the oath or vow as such, and the obligation of justice to my neighbour which is a consequent of my vow. And for the former I conceive (with submission) that an oath or vow cannot bind me, formally as such, in any sense but my own in which _bona fide_ I took it. Because formally an oath cannot bind me which I never took: but I never took that which I never meant, nor thought of; if you so define an oath as to take in the sense, which is the soul of it.

But then in regard of the consequential obligation in point of justice unto man, the question I think must be thus resolved: 1. We must distinguish between a lawful imposer or contractor, and a violent usurper or robber that injuriously compelleth us to swear. 2. Between the obvious, usual sense of the words, and an unusual, forced sense. 3. Between a sincere, involuntary misunderstanding the imposer, and a voluntary, fraudulent reservation or private sense. 4. Between one that I owe something to antecedently, and one that I owe nothing to but by the mere self-obligation of my vow. 5. Between an imposer that is himself the culpable cause of my misunderstanding him, and one that is not the cause, but my own weakness or negligence is the cause. 6. Between a case where both senses may be kept, and a case where they cannot, being inconsistent. Upon these distinctions, I thus resolve the question.

_Prop._ I. If I fraudulently and wilfully take an oath in a sense of my own, contrary to the sense of the imposer, and the common and just sense of the words themselves, I am guilty of perfidiousness and profaneness in the very taking of it.[71]

_Prop._ II. If it be long of my own culpable ignorance or negligence that I misunderstood the imposer, I am not thereby disobliged from the public sense.

_Prop._ III. When the imposer openly putteth a sense on the words imposed contrary to the usual, obvious sense, I am to understand him according to his own expression, and not to take the oath, as imposed in any other sense.

_Prop._ IV. If the imposer refuse or neglect to tell me his sense any otherwise than in the imposed words, I am to take and keep them according to the obvious sense of the words, as they are commonly used in the time and place which I live in.

_Prop._ V. If it be long of the imposer's obscurity, or refusing to explain himself, or other culpable cause, that I mistook him, I am not bound to keep my oath in his sense, as different from my own (unless there be some other reason for it).

_Prop._ VI. If the imposer be a robber or usurper, or one that I owe nothing to in justice, but what I oblige myself to by my oath, I am not then bound at all to keep my oath in his sense, if my own sense was according to the common use of the words.

_Prop._ VII. Though I may not lie to a robber or tyrant that unjustly imposeth promises or oaths upon me, yet if he put an oath or promise on me which is good and lawful in the proper, usual sense of the words, though bad in his sense, (which is contrary to the plain words,) whether I may take this to save my liberty or life, I leave to the consideration of the judicious: that which may be said against it is, that oaths must not be used indirectly and dissemblingly: that which may be said for it is, 1. That I have no obligation to fit my words to his personal, private sense. 2. That I deceive him not, but only permit him to deceive himself, as long as it is he and not I that misuseth the words. 3. That I am to have chief respect to the public sense; and it is not his sense, but mine, that is the public sense. 4. That the saving of a man's life or liberty is cause enough for the taking a lawful oath.

_Prop._ VIII. In case I misunderstood the imposed oath through my own default, I am bound to keep it in both senses, (my own and the imposer's,) if both be consistent and lawful to be done. For I am bound to it in my own sense, because it was formally my oath or vow which I intended. And I am bound to it in his sense, because I have in justice made the thing his due. As if the king command me to vow that I will serve him in wars against the Turk; and I misunderstand him as if he meant only to serve him with my purse; and so I make a vow with this intent, to expend part of my estate to maintain that war; whereas the true sense was that I should serve him with my person: in this case, I see not but I am bound to both.

Indeed if it were a promise that obliged me only to the king, then I am obliged no further and no longer than he will; for he can remit his own right: but if by a vow I become obliged directly to God himself as a party, then no man can remit his right, and I must perform my vow as made to him.

_Rule_ XIII. If any impose an ambiguous oath, and refuse to explain it, and require you only to swear in these words, and leave you to your own sense, Dr. Sanderson thinketh that an honest man should suspect some fraud in such an oath, and not take it at all till all parties are agreed of the sense.[72] And I think he should not take it at all, unless there be some other cause that maketh it his duty. But if a lawful magistrate command it, or the interest of the church or state require it, I see not but he may take it, on condition that in the plain and proper sense of the words the oath be lawful, and that he openly profess to take it only in that sense.

_Rule_ XIV. If any power should impose an oath, or vow, or promise, which in the proper, usual sense were downright impious, or blasphemous, or sinful, and yet bid me take it in what sense I pleased, though I could take it in such a sense as might make it no real consent to the impiety, yet it would be impious in the sense of the world, and of such heinous consequence as will make it to be unlawful. As if I must subscribe, or say, or swear these words, There is no God; or, Scripture is untrue; though it is easy to use these or any words in a good sense, if I may put what sense I will upon them, yet the public sense of them is blasphemy; and I may not publicly blaspheme, on pretence of a private right sense and intention.

_Rule_ XV. If the oath imposed be true in the strict and proper sense, yet if that sense be not vulgarly known, nor sufficiently manifest to be the imposer's sense, and if the words are false or blasphemous in the vulgar sense of those that I have to do with, and that must observe and make use of my example, I must not take such an oath, without leave to make my sense as public as my oath. As if I were commanded to swear, That God hath no foreknowledge, no knowledge, no will, &c.; it were easy to prove that these terms are spoken primarily of man, and that they are attributed to God but analogically or metaphorically, and that God hath no such human acts _formaliter_, but _eminenter_, and that _forma dat nomen_, and so that strictly it is not knowledge and will in the primary, proper notion, that God hath at all, but something infinitely higher, for which man hath no other name. But though thus the words are true and justifiable in the strictest, proper sense, yet are they unlawful, because they are blasphemy in the vulgar sense: and he that speaks to the vulgar is supposed to speak with the vulgar; unless he as publicly explain them.

_Rule_ XVI. If the supreme power should impose an oath or promise, which in the ordinary, obvious sense were sinful, and an inferior officer would bid me take it in what sense I pleased, I might not therefore take it: because that such an officer hath no power to interpret it himself; much less to allow me to take it in a private sense. But if the lawgiver that imposeth it bid me take it in what sense I will, and give me leave to make my sense as public as my oath, I may take it, if the words be but dubious, and not apparently false or sinful: (so there be no reason against it, _aliunde_, as from ill consequents, &c.)

_Rule_ XVII. If any man will say in such a case, (when he thinketh that the imposer's sense is bad,) I take not the same oath or engagement which is imposed, but another in the same words, and I suppose not inferior officers authorized to admit any interpretation, but I look at them only as men that can actually execute or not execute the laws upon me; and so I take a vow of my own according to my own sense, though in their words, as a means of my avoiding their severities: as this is a collusion in a very high and tender business, so that person (if the public sense of the oath be sinful) must make his professed sense as public as his oath or promise; it being no small thing to do that which in the public sense is impious, and so to be an example of perfidiousness to many.

_Rule_ XVIII. Though an oath imposed by a usurper or by violence is not to be taken in formal obedience, nor at all, unless the greatness of the benefit require it, yet being taken it is nevertheless obligatory[73] (supposing nothing else do make it void). Man is a free agent, and cannot be forced, though he may be frightened: if he swear to a thief for the saving of his life, he voluntarily doth choose the inconveniences of the oath, as a means to save his life. Therefore being a voluntary act it is obligatory; else there should be no obligation on us to suffer for Christ, but any thing might be sworn or done to escape suffering: see of this Dr. Sanderson largely, Prælect. iv. sect. 14-16. The imposition and the oath are different things: in the imposition, a thief or tyrant is the party commanding, and I am the party commanded; and his having no authority to command me, doth nullify only his command, and maketh me not obliged to obey him, nor to take it in any obedience to him; but yet if I do take it without any authority obliging me, (as private oaths are taken,) it is still an oath or vow, in which the parties are God and man; man vowing and making himself a debtor to God; and God hath authority to require me to keep my vows, when men have no authority to require me to make them. All men confess that private vows bind; and the nullity of the imposer's authority, maketh them but private vows. This case is easy, and commonly agreed on.

_Rule_ XIX. If in a complex vow or promise there be many things which prove materially unlawful, and one or more that are lawful, the conjunction of the things unlawful doth not disoblige me from the vow of doing the lawful part. Otherwise a man might make void all his vows to God, and oaths and covenants with men, by putting in something that is evil with the good; and so God, and the king, and our neighbours would have their debts paid by our sin and injury done them on the bye.

_Rule_ XX. If some part of that which you vowed become impossible, that doth not disoblige you from so much as remaineth possible. As if you vow allegiance to the king, and tyrants or disability hinder you from serving him as subjects in some one particular way, you remain still obliged to serve him by those other ways in which you are yet capable to serve him. So if you had taken an oath against popery, to preach against it, and reject the practice of it, and for ever renounce it; this would not bind you from the common truths and duties of christianity, which papists hold in common with all other christians: nor could you preach against popery, if you were hindered by imprisonment, banishment, or restraint; but you have still power to forbear approving, consenting, subscribing, or practising their errors; and this you are still bound to do.

_Rule_ XXI. Though you are not bound to do that of your vow which changes have made impossible or unlawful, yet if another change make them possible and lawful again, your obligation doth return afresh (unless you made it with such limitation). It is not a temporary cessation of the matter, or end, or correlate, that will perpetually discharge you from your vow. If your wife be taken captive many years, when she returneth, you are bound to the duties of a husband. If the king be expelled by usurpers, you are bound at present to so much duty as is possible, and to obey him as your actual governor when he returneth. But in the case of servants and soldiers, and other temporary relations, it is otherwise; for a removal may end the relation itself. If you promise to preach the gospel, to medicate the sick, to relieve the poor, to reform your families, &c. you are not hereby obliged to do it while any unresistible impediment maketh it impossible; but when the hinderance ceaseth, you are obliged to do it again; the matter and your capacity being restored.

_Rule_ XXII. Therefore many a vow and promise may be lawfully unperformed, which may not be renounced or disclaimed. When you are taken captives you must forbear your duty to your king, your father, your husband or wife, but you may not therefore renounce them, and say, I have no obligation to them: no, not to the death; because they are relations for life; and how improbable soever it may seem that you should be returned to them, yet God can do it, and you must wait on him.

_Rule_ XXIII. A former vow or promise is not nullified by a latter that contradicteth it.[74] Otherwise a man might disoblige himself at his pleasure. Yet he that maketh contrary vows, obligeth himself to contraries and impossibles; and bringeth a necessity of perjury on himself, for not doing the things impossible which he vowed. And in some cases a later promise to men may null a former, when we made the former with the reserve of such a power or liberty, or are justly supposed to have power, to recall a former promise: or when it is the duty of a mutable relation which we vow, (as of a physician, a schoolmaster, &c.) and by a later vow we change the relation itself (which we may still lawfully change).

_Rule_ XXIV. The _actus jurandi_ must still be distinguished from the _materia juramenti_; and it very often cometh to pass that the act of swearing (or the oath as our act) is unlawfully done, and was a sin from the beginning, and yet it is nevertheless obligatory as long as the _res jurata_, the matter sworn, is lawful or necessary.[75] Dr. Sanderson instanceth in Joshua's oath to the Gibeonites. The nature of the thing is proof enough; for many a thing is sinfully done, for want of a due call, or manner, or end, that yet is done, and is no nullity. A man may sinfully enter upon the ministry, that yet is bound to do the duty of a minister; and many marriages are sinful that are no nullities.

[Sidenote: What is the nullity of an oath.]

_Rule_ XXV. The nullity of an oath _ab initio_, is _quando realiter vel reputative non juravimus_; when really or reputatively we did not swear. The sinfulness of an oath is when we did swear really but unlawfully as to the ground, or end, or matter, or manner, or circumstances. Really that man did not swear, 1. Who spake not (mentally nor orally) the words of an oath. 2. Who thought those words had signified no such thing, and so had no intent to swear either mentally or verbally. As if an Englishman be taught to use the words of an oath in French, and made believe that they have a contrary sense. 3. Who only narratively recited the words of an oath, as a reporter or historian, without a real or professed intent of swearing. Reputatively he did not swear, 1. Who spake the words of an oath in his sleep, or in a deliration, distraction, madness, or such prevalent melancholy as mastereth reason; when a man is not _compos mentis_, his act is not _actus humanus_. (2.) When a man's hand is forcibly moved by another against his will to subscribe the words of an oath or covenant; for if it be totally involuntary it is not a moral act. But words cannot be forced; for he that sweareth to save his life, doth do it voluntarily to save his life. The will may be moved by fear, but not forced. Yet the person that wrongfully frighteneth another into consent, or to swear, hath no right to any benefit which he thought to get by force or fraud; and so _in foro civili_ such promises, or covenants, or oaths may _quoad effectum_ be reputatively null; and he that by putting his sword to another man's breast doth compel him to swear or subscribe and seal a deed of gift, may be judged to have no right to it, but to be punishable for the force; but though this covenant or promise be null _in foro humano_, because the person cannot acquire a right by violence, yet the oath is not a nullity before God; for when God is made a party, he hath a right which is inviolable; and when he is appealed to or made a witness, his name must not be taken in vain. 3. It is a nullity reputatively when the person is naturally incapable of self-obligation, as in infancy, when reason is not come to so much maturity as to be naturally capable of such a work; I say naturally incapable, for the reasons following.

_Rule_ XXVI. We must distinguish between a natural incapacity of vowing or swearing at all, and an incapacity of doing it lawfully; and between a true nullity, and when the oath is only _quasi nullum_, or as null _quoad effectum_, or such as I must not keep. There are many real oaths and vows which must not be kept, and so far are _quasi nulla_ as to the effecting of the thing vowed; but they are not simply null; for they have the effect of making the man a sinner and perjured. They are sinful vows, and therefore vows. A natural incapacity proveth it no vow at all; but if I am naturally capable, and only forbidden, (by God or man,) this maketh it not no vow, but a sinful vow, of which some must be kept and some must not.

[Sidenote: Cases in which a vow must not be kept.]

In these following cases a real vow is _quasi nullum_, or must not be kept.

1. In case the thing vowed (all things considered) be a thing which God hath forbidden to be done; that is, in case it be a thing in itself evil; but if the thing in itself be a duty, though there be some inseparable sins which we shall be guilty of in the performance, we must not therefore leave the duty itself undone which we have vowed: as if I vow to praise God, and yet am sure that I cannot praise him without a sinful defect of that love and delight in him which is due, I must not therefore forbear to praise him; else we must cast off all other duty, because we cannot do it without some sin. But yet, though in case of unwilling infirmity, we must thus do the duty though we are sure to sin in it, yet in case of any chosen, voluntary sin, which we have an immediate power to avoid, we must rather forbear the duty itself (vowed or not vowed) than commit such a sin; as if I vow to preach the gospel, and am forcibly hindered unless I would voluntarily tell one lie, or commit one sin wilfully for this liberty; I ought rather never to preach the gospel; nor is it then a duty, but become morally impossible to me; as if in France or Spain I may not preach unless I would take Pope Pius's Trent confession or oath. Nay, if those very defects of love, and wandering thoughts, which now inseparably cleave to my best performances, were morally and immediately in my power, and I could avoid them, I ought not electively and by consent to commit them, for any liberty of duty, but rather to forbear the duty itself as no duty to me when it cometh upon such conditions; for then it is supposed that I could serve God better without that duty, because I could love him more, &c.

Yet here is observable a great deal of difference between omissions and commissions. A man may never commit a sin that good may come by it, though he vowed the good; but a man may ofttimes omit that which else would have been his duty, to do some good which he hath vowed; for negative commands bind _semper et ad semper_; but the affirmative do not (at least as to outward duty); therefore in case of necessity a man may himself consent to the present omission of some good, for the escaping of greater, unavoidable omissions another time, or for the performing of a vow or greater duty which is to be preferred.

2. A vow is not to be kept, when the matter of it is unjust and injurious to another (unless you have his consent): as if you vow to give away another man's lands or goods, or to do him wrong by word or deed; or if you vow to forbear to pay him his due, or to do that which you owe him: as if a servant vow to forbear his master's work (unless it be so small an injury as he can otherwise repair); or a husband, or wife, or parents, or children, or prince, or subjects should vow to deny their necessary duties to each other. Here man's right together with God's law doth make it unjust to perform such vows.

3. A vow is as null or not to be kept, when the matter is something that is morally or civilly out of our power to do: as if a servant, or a child, or subject vow to do a thing, which he cannot do lawfully without the consent of his superior: this vow is not simply null, for it is a sinful vow (unless it was conditional). Every rational creature is so far _sui juris_, as that his soul being immediately subject to God, he is capable of obliging himself to God; and so his vow is a real sinful vow, when he is not so far _sui juris_ as to be capable of a lawful vowing, or doing the thing which he voweth. Such a one is bound to endeavour to get his superior's consent, but not without it to perform his vow; no, though the thing in itself be lawful. For God having antecedently bound me to obey my superiors in all lawful things, I cannot disoblige myself by my own vows.

Yet here are very great difficulties in this case, which causeth difference among the learnedest, pious casuists. 1. If a governor have beforehand made a law for that which I vow against, it is supposed by many that my vow is not to be kept, (the thing being not against the law of God,) because the first obligation holdeth. 2. Yet some think that magistrates' penal laws binding but _aut ad obedientiam aut ad pœnam_, to obedience or punishment, I am therefore obliged in indifferent things to bear his penalty, and to keep my vow.[76] 3. But if I first make an absolute vow in a thing indifferent, (as to drink no wine, or to wear no silks, &c.) and the magistrate afterwards command it me, some think I am bound to keep my vow; because though I must obey the magistrate in all things lawful, yet my vow hath made this particular thing to be to me unlawful, before the magistrate made it a duty. 4. Though others think that even in this case the general obligation to obey my superiors preventeth my obliging myself to any particular which they may forbid in case I had not vowed it, or against any particular which they may command. 5. Others distinguish of things lawful or indifferent, and say that some of them are such as become accidentally so useful or needful to the common good, the end of government, that it is fit the magistrate make a law for it, and the breaking of that law will be so hurtful, that my vow cannot bind me to it, as being now no indifferent thing; but other indifferent things they say belong not to the magistrate to determine of (as what I shall eat or drink, whether I shall marry or not, what trade I shall be of, how each artificer, tradesman, or professor of arts and sciences shall do the business of his profession, &c.) And here the magistrate they think cannot bind them against their vows, because their power of themselves in such private cases is greater than his power over them in those cases. All these I leave as so many questions unfit for me to resolve in the midst of the contentions of the learned. The great reasons that move on both sides you may easily discern. 1. Those that think an oath in lawful things, obligeth not contrary to the magistrate's antecedent or subsequent command, are moved by this reason, That else subjects and children might by their vows exempt themselves from obedience, and null God's command of obeying our superiors. 2. Those that think a vow is obligatory against a magistrate's command, are moved by this reason, Because else, say they, a magistrate may at his pleasure dispense with all vows, except in things commanded before by God: for he may come after and cross our vows by his commands, which, against the pope's pretensions, protestants have denied to be in the power of any mortal man. And God, say they, hath the first right, which none can take away. I must not be forward in determining where rulers are concerned; only to those that may and must determine it, I add these further materials to be considered of.

1. It is most necessary to the decision of this case, to understand how far the inferior that voweth was _sui juris_, and had the power of himself when he made the vow, as to the making of it, and how far he is _sui juris_ as to the act which he hath vowed; and to that end to know, in a case where there is some power over his act, both in his superior and in himself, whether his own power, or his superior's, as to that act, be the greater.

2. It is therefore needful to distinguish much between those acts that are of private use and signification only, and those that (antecedently to the ruler's command) are of public use and nature, or such as the ruler is as much concerned in as the inferior.

3. It is needful to understand the true intent and sense of the command of our superior; whether it be really his intent to bind inferiors to break their vows, or whether they intend only to bind those that are not so entangled and pre-engaged by a vow, with a tacit exception of those that are.[77] And what is most just must be presumed, unless the contrary be plain.

4. It must be discerned whether the commands of superiors intend any further penalty than that which is affixed in their laws: as in our penal laws about using bows and arrows, and about fishing, hunting, &c.; whether it be intended that the offender be guilty of damnation, or only that the threatened temporal penalty do satisfy the law; and whether God bind us to any further penalty than the superior intendeth.

5. The end of the laws of men must be distinguished from the words; and a great difference must be put between those forbidden acts that do no further harm than barely to cross the letter of the law, or will of a superior, and those that cross the just end of the command or law; and that either more or less, as it is more or less hurtful to others, or against the common good: for then the matter will become sinful in itself.

6. Whether perjury, or the unwilling violation of human laws, be the greater sin, and which in a doubtful case should be most feared and avoided, it is easy to discern.

_Rule_ XXVII. A vow may be consequently made null or void, 1. By cessation of the matter, or any thing essential to it, (of which before,) or by a dispensation or dissolution of it by God to whom we are obliged. No doubt it is in God's power to disoblige a man from his vow; but how he ever doth such a thing is all the doubt: extraordinary revelations being ceased, there is this way yet ordinary, viz. by bringing the matter which I vowed to do, under some prohibition of a general law, by the changes of his providence.

_Rule_ XXVIII. As to the power of man to dispense with oaths and vows, there is a great and most remarkable difference between those oaths and vows where man is the only party that we are primarily bound to, and God is only appealed to as witness or judge, as to the keeping of my word to man; and those oaths or vows where God is also made (either only or conjunct with man) the party to whom I primarily oblige myself. For in the first case man can dispense with my oath or vow, by remitting his own right, and releasing me from my promise; but in the second case no created power can do it. As e. g. if I promise to pay a man a sum of money, or to do him service, and swear that I will perform it faithfully; if upon some after bargain or consideration he release me of that promise, God releaseth me also, as the witnesses and judge have nothing against a man, whom the creditor hath discharged. But if I swear or vow that I will amend my life, or reform my family of some great abuse, or that I will give so much to the poor, or that I will give up myself to the work of the gospel, or that I will never marry, or never drink wine, or never consent to popery or error, &c.; no man can dispense with my vow, nor directly disoblige me in any such case; because no man can give away God's right: all that man can do in any such case is, to become an occasion of God's disobliging me: if he can so change the case, or my condition, as to bring me under some law of God, which commandeth me the contrary to my vow, then God disobligeth me, or maketh it unlawful to keep that vow. And here because a vow is commonly taken for such a promise to God, in which we directly bind ourselves to him, therefore we say, that a vow (thus strictly taken) cannot be dispensed with by man; though in the sense aforesaid, an oath sometimes may.

The papists deal most perversely in this point of dispensing with oaths and vows; for they give that power to the pope over all the christian world, who is a usurper, and none of our governor, which they deny to princes and parents that are our undoubted governors: the pope may disoblige vassals from their oaths of allegiance to their princes, (as the council of Lateran before cited,) but no king or parent may disoblige a man from his oath to the pope: nay, if a child vow a monastical life, and depart from his parents, they allow not the parents to disoblige him.

_Rule_ XXIX. In the determining of controversies about the obligation of oaths and vows, it is safest to mark what Scripture saith, and not to presume, upon uncertain pretence of reason, to release ourselves, where we are not sure that God releaseth us.

_Rule_ XXX. That observable chapter, Numb. xxx. about dispensations, hath many things in it that are plain for the decision of divers great and usual doubts; but many things which some do collect and conclude as consequential or implied, are doubtful and controverted among the most judicious expositors and casuists.

1. It is certain that this chapter speaketh not of a total nullity of vows _ab initio_, but of a relaxation, or disannulling of them by superiors. For, 1. Bare silence (which is no efficient cause) doth prove them to be in force. 2. It is not said, She is bound, or not bound; but, Her vow and bond shall stand, ver. 4, 7, 9, 11: or, shall not stand, ver. 5, 12: and, He shall make it of none effect, ver. 8. The Hebrew, ver. 5, signifieth, _Quia annihilavit pater ejus illud_. And ver. 8, _Et si in die audire virum ejus, annihilaverit illud, et infregerit vitam ejus_.[78]--3. It is expressly said, that she had bound her soul before the dissolution. 4. It is said, The Lord shall forgive her, ver. 5, 8, 12, which signifieth a relaxation of a former bond. Or at the most, the parent's silence is a confirmation, and his disowning it hindereth only the confirmation. So the Chaldee paraphrase; the Samaritan and Arabic, _Non erunt confirmata_; the Syriac, _Rata vel irrita erunt_.

2. It is certain that a father hath the power of relaxation here mentioned as to an unmarried daughter, in her youth living in his house, and a husband over his wife; for it is the express words of the text.

3. It is certain that this power extendeth to vows about all things in which the inferior is not _sui juris_, but is under the superior's care and oversight, and cannot perform it (in case there had been no vow) without the superior's consent.

4. It is certain that it extendeth not only to matters concerning the governors themselves, but concerning vows to God, as they are good or hurtful to the inferiors.

5. It is certain that there are some vows so necessary and clearly for the inferior's good, that in them he is _sui juris_, and no superior can suspend his vows: as to have the Lord for his God; and not to commit idolatry, murder, theft, &c. No superior can disoblige us here; for the power of superiors is only for the inferior's indemnity and good.

6. It is certain that the superior's recall must be speedy or in time, before silence can signify consent, and make a confirmation of the vow.

7. It is certain that if the superior have once ratified it by silence or consent, he cannot afterwards disannul it.

8. It is agreed, that if he awhile dissent and disannul it, and afterwards both inferior and superior consent again, that it remaineth ratified.

9. It is agreed that the superior that can discharge the vow of the inferior, cannot release himself from his own vows. If the pope could release all men, who shall release him?

But in these points following there is no such certainty or agreement of judgments, because the text seemeth silent about them, and men conjecture variously as they are prepared. 1. It is uncertain whether any but women may be released by virtue of this text: 1. Because the text expressly distinguishing between a man and a woman doth first say, _Si vir_----If a man vow a vow unto the Lord, or swear an oath to bind his soul with a bond, he shall not break his word; he shall do according to all that proceedeth out of his mouth. And 2. Because women are only instanced in, when Scripture usually speaketh of them in the masculine gender, when it includeth both sexes, or extendeth it to both. 3. And in the recapitulation in the end, it is said by way of recital of the contents, ver. 16, "These are the statutes which the Lord commanded Moses between a man and his wife; between the father and his daughter--in her youth in her father's house:" as if he would caution us against extending it any further. And though many good expositors think that it extendeth equally to sons as to daughters, in their minority, because there is a parity of reason, yet this is an uncertain conjecture: 1. Because God seemeth by the expression to bound the sense. 2. Because God acquainteth not man with all the reasons of his laws. 3. Because there may be special reasons for an indulgence to the weaker sex in such a weighty case. And though still there is a probability it may extend to sons, it is good keeping to certainties in matters of such dreadful importance as oaths and vows to God.