Veneer on Article XXXIX: Of a Christian man's Oath
John Veneer, 1734
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: An Exposition on the Thirty-nine Articles of the Church of England, founded on the Holy Scriptures and the Fathers of the Three First Centuries, by J. Veneer, Rector of St Andrew's, Chichester (first published 1725), 2nd edition with very large additions, 2 vols (London: C. Rivington, 1734). Cleaned OCR from the Internet Archive scans of both volumes; passages too garbled to recover are marked [...]. Public domain.
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The Exposition.
U R Saviour’s Words which this Ar- tide refers to are in Mat, v. 34. But I fay unto you Swear not at all. And those of St. James are in chap. v. oer. 12. But ahove all ‘fhings my Brethrejt Swear not. But ‘tis very plain that these Words do only forbid heedlefs and needless Oaths: For, as fertuUian observes, God Almighty hath sworn himself, and yet we dare not accuse him of Perjury or vain Swearing. So that in his
[…] lib. 2. c. ^6,
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Opinionj
771 Jn Exposition on the
Art. xxxiX. Opinion, a Man does not fni by Swearing, ex- ""y* cept he forfwears himself, or fvears vainly, without due Cause or Warrant. One Text of Scripture, which ertullians Observation is built upon, is Psalm xcv. ii. where ‘tis said, that God [ware in his Wrath that the rehelUons Israelites JJjould fiot enter into his Rest. Our Saviour Hkewife himself, who surely did not break his own Laws when adjured by the High- Priest, that is, called upon by him to answer upon Oath, refuHd not to do it. Mat. xxvi. 63. What makes the Dodtrine which I am endea- vouring to eilablilh, more clear, is, that the Jewijlo Rabbi’s expreffed themselves in the fame manner that our Saviour and St. ‘James have upon the Subject of Oaths ; and yet it cannot be imagined that they fcrupled them in such Cafes as Mo[es had required them to be made Ufe o£ 1 hus Mairaonides for instance, from the ancient Rabbis gives this F.ule, That it is heft not to [wear at all -, and Phik ufeth almost the fame Words. And Rabbi “Jonathan comes very near our Saviour’s Expreflion, when he says, ’ The just Man will not swear at all ’ not fo much as by the common Names of ” God, nor by his Attributes, nor by his Works, as by Heaven, or the Angels, or ’ the Law:” And that the Effenes a Se6b among the Jews., forbad all Swearing, and yet adminiftred an Oath to all such as were ad- mitted into their Society, in order to oblige them to obfcrve the Rules of it.
Let it be consider’d farther, that in other general Prohibitions, it is acknowledged by all, that we must make the fame or the like Excep- tions. Thus tho’ our Saviour faith, Matt. v. 21. houjljalt not kill and whofoever pall kill
Jloall
Thirty ‘Wine Articles. 7^1
Jhalt he in Danger of the Judgment-:, yet wcArt.xxxix; all grant that this must be confined to private ‘VN Perlbns, and that it forbids not the Magistrate’s inflidling Capital Punishments , and then, that as to private Persons, it is meant only of killing innocent Men ; but that flill it is lawful for us in the Preservation of our own Lives, to kill those who unjuftly aflault us. So the Mean- ing of Sziear not at all is, that we must not swear of our own Motion, without any neceffa- ry or sufficient Cause. But this doth not in- fringe the Right which Magistrates have to im- pose Oaths on their Subjeds, and to require the utmost and greatest Security for their Fi- delity and Obedience , this doth not forbid Swearing, when it is requisite for the determin- ing of important Controverfics, or Diftribu- tion of Justice , when it is for the Publick Good, that our Testimony should be credited and made more valid by the Solemnity of an Oath : And that such Exceptions as these must be allowed from this general Rule, will appear, if we consider the positive Command that is opposed to the Prohibition of our Sa- viour, contained, as I said before. Matt. v. 34. from which the Words of St. James Chap. v. ‘ver. 12. are plainly taken, and therefore what will explain the one, will alio serve to ex plain the other. After Sicear not at all our Lord adds. But let your Communication he yea yea 7iay nay ; for whatfoeer is more than. these Cometh of E’vil. Let your Com muni c at i on that is yo-ur Speech, your ordinary familiar Dif course, be yea yea , nay nay , which was a proverbial Way of exprefiing an honest Man, whom you may believe and trust. Ju(iorHm etiam eft ctiam & non eorum eft non : His yea C c c 3 ijcis
774 ^^^ Exposition on the
Art. XTY.‘was yea j and his 710 was no. His Promlfes and UV Performances did exadly and conftantJy agree ; without any more ado you may give Credit to, and rely upon whatever he lays, whate’ver is more than these cometh of E’vil , that is, what- foever is more than bare affirming or denying any Thing (that is still in our Communication, in our ordinary Talk and Difcourfe) is from En)il • from Mens lb commonly breaking of Promises, and speaking of Falfities 5 from whence that lewd Custom of adding Oaths proceeds, because they cannot be believed with- out them. Now therefore since our Saviour is here directing us how to govern our com- mon Difcourfe and Conversation together, the Prohibition also in the Beginning must be re- llrained to the fame Matter, and fo the full Sense of the Words is clearly this : In your Communication, in your common Talk, ufe no swearing, not io much as by any Creature, , but let it suffice barely to affirm or deny ; and be always fo true to your Words, that nothing farther need be desired or expected from you 3 all other Confirmation in such ordinary Affairs, is pradiied only by such as are used to lye and dilTemble, and intend to impose upon others. For it was, it seems, a common Pradtice amongst the Jews to swear by fome of God’s Crea- tures, which Cuiiom prevailed amongst them from a pretended Reverence of God’s Holy Name : Vv henever they would affirm any thing with more than ordinary Vehemence and Ear- neftnefs, or beget an Alfurance of what they said, in another, they thought it not fit or decent presently to invoke the Sovereign God of Hea- ven and Earth, and on every flight and trivial OccafioHj to run to the great Maker and Father
of
TJArty-Wme Articles. 77 j
of all Things but in smaller Matters, and in Artxxix. ordinary Talk, they would swear by their Pa- rents by the Heavens by the Earthy by Je- rufalem the Altar T’empk their Head or the like : Nor did they count such Forms of Swearing equally obliging with those Oaths wherein the Name of God was solemnly and exprefly called upon. To this our Saviour probably refers, ‘ver. 33. Te have heard that it hath been fatd by them of old lime I’hou jloalt not forfwear thyfelf but Jhalt perform tinto the Lord thme Oaths : They thought such only in- curr’d the Guilt and Penalty of Perjury, who stood not to theft Promises they had confirmed, by explicit calling the Lord himself to witness, but that there was but little Evil or Danger either in the common Uie of Swearing by Crea- tures, or in breaking such Oaths. Now our Saviour here absolutely forbids Swearing by any of God’s Creatures Swear not at all no not fo much as by the Heavens by the Earthy or by Jerusalem. And the Reason he gives is, because in all such Forms of Swearing by Crea- tures, though God is not exprefly named, yet he himself is really referred to, and tacitly invok- ed, who is the supreme Lord and Maker of all : When we swear by the Heavens we call upon him whose Throne is there placed, when by the Earth, we appeal to him whole Footftool it is ; when by Jerusalem we implicitly and by just Interpre- tation swear by him that is the great King thereof: See Chap, xxiii. 20. Now, who that ferioufly and impartially considers all this, can 6 much as dream of its affording an Argument against such Oaths as were, doubtless, confei- fedly obligatory ? For such only can any Go- vernment be fuppofed to require of its Subje6i:s, such as there can be no Room to question the C c c 4 Obligation
77 <5 j4n Exposition on the
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which I have fuggefted to be our Saviour’s Meaning, I do not fee what good Refon can be given why he should only forbid them exprefly to swear by the Creatures, and not much rather by the Name of God j such Oaths being surely, of all others, most to be avoided, as being the most dire(5i: Abule and Profanation of the Name of God. It is to be acknowledg’d, how- ever, that fom.e of the ancient Fathers, from these Words, did conclude it utterly unlawful for a Christian, at any Time, to swear fome of their Sayings, are quoted by Grotiiis in his Comment upon Matth. v. 34 : But then it is to be consider’d ; First That there were but ibme few of them of this Opinion, and that against the current Doctrine of the Primitive Christians : And, Secondly Against the known allowed Prac- tice amongst them ; for we all along find there were many Christians in the Armies oi th Hea- then Emperors, and they could not have served under them without taking the Military Oath which they did not ufe to fcruple, fo they were not put to swear by any of their Genii or Heathen Deities or Fortune or the like. Sthlrdly That their great Argument against taking of Oaths was drawn from the invincible Faith and Truth of Christians, who upon no Consideration whatibever, could either be forced or won to affirm what they knew to be false, or promiie what they never intended to per- form : And this they were io remarkable for, that they thought it a Diminution, or icanda- lous Anront offered to them, to be put to their Oaths they always had such a Regard to their Words, and it was fo sacred a thing at all times to ipeak Truth, that they would not be fo much
diurufted
Thirty-TSIine Articles, 777
diftrufted or difparaged, as to have the SecurityRT.xxxiX, of an Oath required of them ; the constant Tenor O’VN of their Lives they thought did bear a greater Testimony to what the Christians affirmed, and render it more credible, than the Oaths of any other Men and indeed. Lying was then more scandalous, than, I fear. Perjury is now. For as to the Nature of the thing. Swearing, when rightly circumftanced, is fo far from be- ing a thing in itfclf evil, that it is indeed a most eminent Part of Religious Worship and Divine Adoration, by which we do most fignally own and recognize God Almighty to be the great Sovereign Lord and Governor of the World, the highest and supreme Power, to which the last and final Appeal is in all Cafes to be made. By it we acknowledge the Immenfity of his Presence, his exad: Knowledge and continual Care of human Affairs, and all Things that happen here below his all-feeing Eye, by which he fearcheth into the Depth of our Hearts, and is conscious to our most inward Thoughts and secret Meanings. We do by it avow him as the grand Patron of Truth and Innocence, as the ievere Punifher and Avenger of Deceit and Perfidioufnefs. And therefore doth God often in Holy Scripture appropriate this to him- self ; Hun only Jhalt thou serve and to him fh alt thou cleave and Jlo alt [wear by his Name, And if this be done with that Consideration and So- lemnity which doth become such a special Part of Devotion upon an Occasion that doth de- serve, and that v/ill, in fome measure, excuie our engaging the Divine Majesty as a Witneis in it I fay, if it be performed with due Awe and Reverence, with hearty Intention for a considerable Good we do, by thus calling upon
God
77 S Jn Exposition on the
Art.xXXTx. God when we swear by him, honour and glo- ^^/V./ rify his great and holy Name, as welJ as by Prayer or Praises, or any other A61 of Reli- gious Worship whatsoever. Add to this the jSecellity of taking Oaths in order to civil Go- vernment, publick Adminiflration of Justice, and the Maintaining of good Order and Peace in Societies. And therefore the Apostle tells us, Heh,\i. i6. S^‘kat an Oath for Confirmation to Men is the End of all Strife j and that not by particular Customs and Laws prevailing in feme Places only, but from the Appointment of God, the Reafonablenefs and Fitness of the thing itself, and the constant Pradice of the World in all Ages : For as far and wide as the Sense of a Deity hath spread itself, hath alfb the Religion of an Oath, and the final Deter- mination of Matters in DiiFerence, by calling to Witness the Lord and Maker of all Things • this being the utmost AfTurancc, and the fureft Pledge that Men can give of their Faith and Sincerity. For nothing can be imagined sufficient or effectual to engage Men to speak Truth, or to be faithful and constant to their Promises, if an Oath doth not. He must surely renounce all Sense and Fear of God, all Conlcience of Duty or Regard to the Almighty’s Love and Favour, who can with open Face call him to testify to a Lye, or challenge him to puniih him, if he speaks not true, when yet at that very Time he knows he does not. This is the greatest Security Men can give of their Honesty, and that they mean as they fay. And it being neceffary for the Government of the World in fo many Cafes ( indeed in too many to be here particularly specified) that Truth fhouid be found our, ‘and the greatest
Certainty
Thirty-Nine Articles. yy^
Certainty of it be given that can poffibly, and Art. xxxix. that Men should, by the ftrideft Ties, be ob- UOTN^ liged to fome Duties , it thence also became neceflary, that Oaths should fomctimes be re- quired, especially when Men cannot by other Means well affure the Sincerity of their Inten- tions, or secure the Fidelity of their Refoluti- ons. Upon the whole, tho’ I readily grant, that there is scarce any Error whatsoever, that hath a more plausible Colour from Scripture, than the Opinion concerning the utter Unlaw- fulnefs of Oaths, which makes the Cafe of those who are seduced into it the more pityable, yet it ought to be considered, how much it re- fleets upon the Christian Religion,, fmce it is fb evidently prejudicial, both to human Society in general, and particularly to those Persons that entertain it ; neither of which ought raih- ly to be fuppofed and taken for granted, con- cerning any Law delivered by our Saviour ; be- cause upon these Terms, it will be very hard for us to vindicate the Divine Wisdom of our Saviour’s Dodtrine, and the Reafonablenefs of the Christian Religion.
The Prophet mention’d in this Article as teaching us to swear in Judgment, Justice, and Truth, is Jeremiah, The Place hereby referr’d to is chap, iv. “ver. 2. And in the Third Com- mandment wc are affured, that God will not hold him guiltlefs that taketb his Name in ‘vain. And Zeck v. 4. that a Curse jloall enter into the House of the ‘I’hief^ and of him that fwearetb falfly hy the Name of God. From whence we may observe, that next to Idolatry and the Worship of a false God, Perjury is 6ne of the greatest Affronts that can be offered to the Di- vine
780 ’ An Exposition on the
Art.xxxix. vine Majesty, one of those Sins that cry aloud Ky\j to Heaven, and quicken the Pace of God’s Judgments ; a Sin which by the secret Jndg- nient of God undermines Estates and Families to the utter Ruin of them. And indeed, among the Heathen it was always reckoned among the greatest of Crimes, and which they did believe God did not only punish upon the guilty Perfbn himself, but upon his Fami- ly and Pofterity, and many times upon whole Nations ; as the Prophet alio tells us, that he- catife of Oaths the Land mourns, 1 need not ufe many Words to aggravate this Sin, it is certainly a Crime of the highest Nature. Deli- berate Perjury being dirediy againfl: a Man’s own Knowledge, fo that no Man can commit it without ilaring his Conlcience in the Face ; which is one of the greatest Aggravations of any Crime : And it is equally a Sin againfl both ahles being the highest Affront to God, and of most injurious Coniequence to Men. It is an horrible Abuse of the Name of God, an open Contempt of his Judgments and an info- lent Defiance of his Vengeance 5 and in Re- fpe6t of Men, it is not only a Wrong to this or that particular Person who suffers by it, but Treason against human Society ; fubverting at once the Foundations of pubiick Peace and Justice, and the private Security of every Man’s Life and Fortune : It is a defeating of the best and last VJay that the Wisdom of Men could devise for the Decision of doubtful Matters. Solomon very fully and elegantly expreffeth the deftrudive Nature of this Sin, Prov. xxv. 18. A false IVitnefs against his Neighbour is d Maiil and a Sword and aparp Arrow ; in- timating, that amongst all the Instruments of Ruin and Mischief that have been devised by
Mankind^
Thirty^ Nine Articles. 781^
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T conplude with the Words of St, Atigufiin which contain a great deal of good Advice, and are very much to the Purpose : ’ Avoid Swear- ” ing as much as you can : For ‘tis better not ’ to swear the Truth, than to accuftom one’s ’ self to Swearing, by which Men fall into ” Perjury, and are always in Danger of fb ” doing.” But they, as far as I can hear, that fcruple the Ufe of Oaths, are entirely igno- rant of what an Oath is. For they imagine that they don’t swear when they ufe these Words i God knoweth ; and God is my IVttnefs ; / call God for a Record upon my Soul , because they don’t ufe these Words, By Gody and be- cause the Words before-mention’d are found in the Writings of St. Paul. But even such Words as they confess to be Swearing are found there too. Thus the Apoflle laith, / proteji hy your Rejoicing which I hanje in Christ Jesus our Lord I die daily. In the Grf7 Copies, this Sentence is a complete Oath. This I observe, that no Man may imagine that the Words, [By your Rejoicing] are like these, [_By my Coming again to you] and the like, in which we fay. By a Sthing without Swearing. But because St.Paul who was a Man of unfliakable Veracity, fw’ore in his Epiftles, we mud not trifie and make Sport with Oaths. For ‘tis much safer, as I said before, to avoid Swearing as much as we can, and to let our Communication be Yea, yea,
and
An Expofitlon on the
Art, XXXIX. and Nay, nay ^ as our Lord advises us. Not
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cause ‘tis a very ’ grievous Sin to swear falfly,
which that Man is most likely to be guilty of
who swears often. *
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Gloria DEO.
FINIS,
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