Tomline on Article XXXIX: Of a Christian man's Oath
George Pretyman Tomline, 1818
Commentaries on Article XXXIX: Rogers (1607)Ellis (1660)Burnet (1699)Beveridge (d. 1708)Welchman (1713)Practical Exposition (1716)Veneer (1725)Madan (1772)Hey (1796)Tomline (1799)Wilson (1821)Jones (1849)Trollope (1850)Browne (1850)Forbes (1867)Boultbee (1871)Maclear & Williams (1895)Green (1896)Gibson (1896)Jackson (1900)Bicknell (1919) · Article 39: text, context and Study
Article XXXIX. Of a Christian man's Oath
As we confess that vain and rash Swearing is forbidden Christian men by our Lord Jesus Christ, and James his Apostle, so we judge, that Christian Religion doth not prohibit, but that a man may swear when the Magistrate requireth, in a cause of faith and charity, so it be done according to the Prophet's teaching, in justice, judgement, and truth.
Text: Book of Common Prayer (1662)
Cleaned OCR; [...] marks passages cut for illegibility. See the scan. Text: Elements of Christian Theology, by George Pretyman Tomline, Bishop of Lincoln (first published 1799), vol. 2, part III: An Exposition of the Thirty-nine Articles (London, 1818 edition). Cleaned OCR from the Internet Archive copy of the Google scan; passages too garbled to recover are marked [...]. Public domain.
APOSTLE : The passages here referred to are the following ; our Saviour in his sermon upon the Mount says, ” Swear not at all, neither by heaven, for it is God’s throne ; nor by the earth, for it is his footstool ; neither by Jerusalem, for for it is the city of the great King; neither shalt thou swear by thy head, because thou canst not make one • hair white or black ; but let your communication be yea, yea, nay, nay, for what- soever
ART. xxxix.] Thirty-nine Articles. 567
soever is more than these cometh of evil (a)” And St. James in his Epistle says, ” Above aU things, my brethren, swear not, neither by hea- ven, neither by the earth, neither by any other oath, but let your yea be yea, and your nay, nay ; lest ye fall into condemnation (b).” The Jews, in the time of our Saviour, were very much addicted to the use of oaths of various sorts in common conversation, and the above pas sages were directed against that practice : this spears from the expression, ” Let your com^ munication be yea, yea, nay, nay,” which words plainly allude to the ordinary intercourse of social life, and are not applicable to the solem- nity of judicial proceedings. And this also is evident from the enumeration of things not to be sworn by, namely, ” Heaven, Earth, Jeru- salem, and the Head,” none of which oaths were ever used before magistrates ; and the general precepts ” Swear not at all,” and ” Swear not by any other oath,” must be considered as prohi ; biting only all such oaths as are like those which are particularly specified, that is, every kind of
VAIN AND RASH SWEARING, but UOt Oaths
administered by proper authority, and upon pro- per occasions.
So (a) Matt. c. 5. V. 34, &c.
(bj James, c. 5. v. 12.
[…]
DONE ACCORDING TO THE PROPHEt’s TEACH-
decisions in courts of judicature, and proceed- ings before magistrates, must be founded upon evidence; and therefore whatever promotes the veracity of witnesses contributes to the presarva- tion of justice and order in the world. Tb) strongest obligation to truth, which can opierate upon die minds of men, is a solemn appeal to God ; and upon that principle oaths have beett constantly used in the administration of moiii- ctpal and criminal law. These oaths are not forbidden in Scripture; and therefore magi- strates are at liberty to require them, in the execution of their office, as the best means of attaining the great ends of civil government. The article says, in a cause op faith and cha- rity, that is, when faith or truth is to be esia-’ blished, and charity or good-will among mett can be promoted by putting an end to strife ’ for an oath for confirrndtion is an end of controversy (c),’ which words admit the law- fulness of an oath, when applied to the settle- ment (c) Hcb. c. 6. V. 1 6.
[…]
iDjent of points in litigation. St. Paul in his Epistles frequently calls God to witness the truth of what he asserts {d)j which proves that all oath» are not unhwiul in Christians.
Profane swearing is forbidden by the third commandment; but that prohibition was evi* dently not designed to extend to every use of oaths ; iot Moses expressly says, Thou shah fear the Lord thy God, and serve him, and shall swear by his name (ey And under the Jewish dispensation, judges had a power to adjure in fte mme of God, either to dmw a confession from an accused person, or a faithful testimony from a witness : Sf a soul sin, and hear the voice of swearing (or adjuration) and is a wit- ness whotiber he hath seen or known it; if he do not utter it, then he shall bear his ini-* quity (fy And thus our Saviour himself, iii obedience to this law of Moses, although he had before been silent, answered the high priest when he adjured him by the living God (g), thut is, called upon him to answer upon oath. The form of administering oaths among us is diffiNnt from that formerly practised among tlie
Jew© ;
(dy Rom. G. 1. V. 9. c. 9* v. 1. 2 Cor. c. 1. v. i8. *
G^l. c. 1 . Y* 20. (t) Deut. c. 6. V. 13.
(f) Lev. c. 5. V. 1. Vide Patrick in loc.
(g) Matt. c. 26. Y. 63.
[…]
Jews ; but the obligation they carry with them, and the principle upon which they rest, are pre- cisely the same.
The prophet’s teaching, mentioned at the end of this article, refers to the following passage in Jeremiah : ’ And thou shalt swear, The Lord liveth, in truth, in judgment, and in righteous- ness […] God himself hath here given us di- rections how to swear; where we may observe the form of the oath, he would have taken, * The Lord liveth ;’ and then the manner how he would have it taken, in truth, in judgment, and M righteousness/ In truth;’ that is, that the thing a man swears, be true in itself, and ‘known to be so to him that sweareth, and that he swears it truly, sincerely, heartily, without any equivo- cation or mental reservation. * In judgment;’ that is, with such caution, prudence, direction, and reverence, as becometh those who speak of him, by whom they speak, in whom they live, and by whom their very thoughts as well as actions, are weighed. * In righteousness ;’ that is, the matter of the oath must be lawful and just, agreeable to God’s holy word, or at least not contrary to it : and what is thus sworn, must be righteously and faithfully performed. These rules God himself hath prescribed to be dili- gently (h) Jer. c. 4* v. 2.
ART, XXXIX.] Thtrly-mne Articles. 571
geady observed with respect to oaths ; and he, that takes an oath according to these rules, may be confident he doth not sin, but doth that which is lawful and right in the eyes of God.” — Bp. Beveridge.
I HAVE thus endeavoured to explain the meaning of ” the Thirty-nine Articles of Reli- ^on,” and to prove that they are founded in Scripture, and conformable to the opinions of tile early Christians. All persons, when they enter into holy orders, or are admitted to any ecclesi- astical cure or b^iefice, are required by law to subscribe these articles, with a design that those who are employed in the ministry of our esta- blished church, whether as curates or incum- bents, should unfeignedly believe the truth of the doctrines which they contain. ” The avoid- ing of diversities of opinion, and the establishing of consent touching true religion,” was the pro- fessed object of these articles ; and consequently ; they lose their effect, if they do not produce a general agreement among such as subscribe them. ” I do willingly and ex animo subscribe to the Thirty-nine Articles of the Church of En^nd,” is the indispensable form of sub- scription; and therefore it behoves every one,
before
573 CmciMtfn ^ [yjfBt iil
before he offisrs hinwrif a tdiidsxst fer h orders, to peruse caiefiAy the antictee tf mt church, and to compere them with the vrrifUtf Word of God. If, open mdtune eifaminatiott hi believes them to be authorized by Scriptare hd may conscientiously subscribe them ; but if, on the contrary, he thinks that he sees reason to dis- sent from any of the doctciiies assorted in thtti, no hope of emolument or honour, no dread of inccmvenience or disappointment:, should induce him to express his solann assent’ to propositions, which in &ct he does not belietv. It is not indeed necessary that he should approve ev word or etpiression, but he- ou to bdieve afi the fundtanental doctrines, of tho altioles ; alt those tenete ia which oar . chupch difiers fmntf other churchea, or from other sects of ’ Christians. He ought to feel tiiat he can from- his own con- viction maintain- the purity of our established rdigion) and sincerely and zealously enforce those pmnts of ftuth and practice, which our church declares to be the revealed will of Godc This appears to me the only just ground of con scientious subscription to the articles ; and: let it be ever rotiembered that in a business ci thi serious and important nature, no species wUatever of evasion, subterfuge or reserve, is to be allowed; or can be practed, without imminent danger
of
FABT III.] Cof^clusion. 573
of incurring the wrath of God. The articles aro to be subscribed in their plain and obvious sense, and assent is to be given to them simply and unequivocally. Thus only can a person offer himself at the table of the Lord as his minister with safety ; thus only can he expect to receive the divine blessing upon that course of life to which he then solemnly devotes him9elf.
[…]
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