_Tit._ 2. _Special Directions against profane Swearing, and using God's name unreverently and in vain._
[Sidenote: What an oath is.]
I. To swear is an affirming or denying of a thing, with an appeal to some other thing or person, as a witness of the truth, or avenger of the untruth, who is not producible as witness or judge in human courts. An affirmation or negation is the matter of an oath: the peculiar appellation is the form. It is not every appeal or attestation that maketh an oath.[489] To appeal to such a witness as is credible and may be produced in the court, from a partial, incredible witness, is no oath. To appeal from an incompetent judge, or an inferior court, to a competent judge, or higher court, is no swearing. To say, I take the king for my witness, or I appeal to the king, is not to swear by the king; but to say, I take God to witness, or I appeal to God as the judge of the truth of what I say, is to swear by God. But to appeal to God as a righteous Judge, against the injustice or cruelty of men, without relation to his attesting or judging any affirmation or negation of our own, is no swearing by him, because there wanteth the matter of an oath. An oath is an appeal to some supernatural or higher and more terrible power, than that of the court or person we swear to, to make our testimony the more credible, when other evidences of certainty or credibility are wanting. So that a legal testimony or appeal are not swearing.
[Sidenote: What is a lawful oath.]
Swearing is either just and lawful, or sinful and abusive. To a just and lawful oath it is necessary, 1. That it be God alone ultimately that we swear by; because no witness and avenging judge above human courts can be appealed to but God: and therefore to swear by any creature properly and in the sense that God is sworn by, is to idolize it, and to ascribe to it the properties of God.[490] (Of which more anon.) 2. It is necessary to a just oath, that the matter be true as it is assertory or negative; and also if it be promissory, that the matter be, 1. Honest and lawful, 2. and possible. And where any one of these is wanting, it is unlawful. 3. It is needful that there be an honest end; for the end is a principal ingredient in all moral good and evil. 4. It is needful that it be done upon a sufficient call and honest motives, and not unnecessarily or without just reason. 5. And the manner and circumstances must be lawful.
An oath is an equivocal word, taken sometimes for that which is formally so, as before described; and sometimes for that which is but the matter and expressive form without any real intent of swearing. Or, an oath is taken either for the whole human act completely, containing the words signifying and the purpose signified; or else for the outward sign or words alone. (As the word prayer signifieth sometimes the bare form of words, and sometimes the words and desire signified by them. And as the word sacrament is sometimes taken for the external signs only, and sometimes for the signs with the mutual covenanting and actions signified.) Here it may be questioned,--
_Quest._ Whether it be swearing or not, which is frequently used by ignorant, careless people, who use the words or form of an oath, in mere custom, not knowing what an oath is, nor having any thought or purpose of appealing to God, or to the creature by which they swear. The reason of the doubt is, because it seemeth to be but the matter or external part of an oath; and it is the form that specifieth and denominateth. He that should ignorantly speak the words of an oath in Latin or Greek, while he understandeth not the language and intendeth no such thing, doth not swear.
[Sidenote: How far the intent of the swearer (as of the baptizer or baptized to baptism) is necessary to the being of an oath.]