_Object._ Some good men have scrupled it. _Answ._ 1. Ten thousand to one such have not scrupled it. 2. They are not our gods nor law. 3. The quakers and the old anabaptists (and they say Origen) scrupled, yea, condemned all swearing, or all imposed oaths. And if we avoid all as sin which some good men have scrupled, we shall make superstition a great part of our religion: and when on the same grounds we have but practised all as duty, which some good men have taken for duty, we shall quite out-go the papists. He that readeth Beda, Boniface, and abundance such pious writers, will soon see, that godly or fanatical religious persons, dreams, visions, strict opinions, confident assertions, and credulous believing one another, with the hope of improving such things against pagans and Jews, for christianity, brought in almost all the legends and superstitions of the papists.
II. _Object._ Our common-law commissions, that give authority to examine persons, direct it to be done _supra sacramenta sua per sancta Dei evangelia fideliter præstanda_: and in the form of administrations in ecclesiastical courts the words are, _Ad sancta Dei evangelia rite et legitime jurati_: whether these forms do not infer that in their first use, (at least,) persons either swore by the evangelists or offended in that mode of swearing; and our common-law calls it a corporal oath, from touching the book.
_Answ._ 1. To know the sense of our present law it is not necessary that we know the sense of the first users of the form. For the law is not now the king's law that first made it, (he hath no law that hath no government,) but the king's law that now reigneth, and beareth his sense. 2. To justify our obedience to a law, it is not necessary that we prove every phrase in that law to be fitly expressed. 3. But examine it well, and try whether it be not also fit and laudable.
1. There are three things conjoined in the oaths in question: 1. A testimony assertory, or a promise. 2. An oath. 3. An imprecation. The assertory testimony here is the first thing intended; and the oath and imprecation are but as a means to make that testimony or promise valid. 2. The published doctrine of England, in the thirty-nine articles, the book of ordination, &c. is, that the holy Scriptures contain all things necessary to salvation, as being God's law or rule of our faith and life. All our duty to God is there commanded; all the promises on which we hope are there contained; all the punishments which the perjured or any sinner must feel and should fear, are there threatened. Therefore, 3. The laying on the hand and kissing the book, is an action directly related to the imprecation, and not to the oath, but only by consequence, as the imprecation is subservient to the oath, as the oath is to the assertion. So that this is the plain paraphrase of the whole: I do believe that God the Ruler of all the world, is the Judge of secrets which are above man's judgment, the Searcher of hearts, and the hater and avenger of perjury, according to this his holy word by which he governeth us; and to this God I appeal as to the truth of this my testimony, consenting myself, to lose all the benefit of his promises to be just, and to bear all the punishment here threatened to the perjured, if I lie.
And what could be said more fitly, 1. To own the protestant doctrine that the Scripture is God's perfect word; that the evil to be feared, and the good to be hoped for, is all there contained, and is all the fulfilling of that word? 2. And to put the word in its due subordination to God? And our ordinary form of swearing showeth this, So help you God, and the contents of this book. Whether you will call this swearing upon or by the gospel, or call it a corporal oath, or a spiritual oath, is only _de nomine_, and is nothing to the matter thus truly described. _Sacramentum_ signifieth the oath itself, and _Ad sancta evangelia_ is a fit phrase: or if _super sacramenta_ signify the two sacraments of the gospel, it can mean no more than, As one that by the reception of the sacrament, doth profess to believe this gospel to be true, I do renounce the benefits of it, if I lie; and in this sense it hath been some men's custom to receive the sacrament when they would solemnly swear.
III. _Object._ Some seem to object against kissing the book, as having the greater appearance of giving too much to it, or putting some adoration on it; and because this ceremony of kissing is held to be of later date than laying on the hand.