Whofe Senfe Imprfed Oaths are to be takm in.' §. 23· Rule 12. It it ordinarily'rcfolved that impofcd Oatlu mujl be l<fpt according to the fe•fi ofKule 12· theimpofCr. SceSanderf. P• ·l9I, 192. But I conceive thataffcrtion mull be more exactly Opened and boundt.d. I· where jHjlice r~qui~eth that we have refped: to the will or right of the impofer, there the 01th impofcd mufi be tak.!n in his fence. But whether it rnufi be Jtept in his fence is further to be c.:onlidercd. 2· When I have done my bdl to underHand the fence of the impofer in takj117. the OatiJ, and yet miJfak.! it, and fo take it ( without fraud ) in another flnfo, the ~efiion then is famewhat hard, whether I mufi k.yep it in the fcnfe I t11ok.. it in, or in hi1 fiitfe, Which tben I underw flood nor. · If I mufi na·r keep ir in my own fenfe, which I wok it in, then it would follow that I muft k._erp another oath, and not that which [took; For it is the [tnfo that is the oath. And I never obligtd my fclf eo any thing~ bur according to my o::m fen{e: And yet on the other fide, ifevery man m1y tak~ Oaths in their private fmfe) then o:nhs will not attain their ends, nor be any fecurity to d1e 1mpo[ers. 9· 2 4 . In this cafe you mufi carefully difiinguifh between the /otnul obligatioH of the Oath or V()r:v a~ fuch, and the obJjgatio1z of jttjl-ice to my neighbour which is a con[tquem of my Vow. And for the former, I conceive (with fubmiffion) that an Oath or Vow cannot bind me, formally a1 fuch, in any fenfc but my own in which bonft fide I took it. B::caufe formally an oath cannot bind me which I never tbol<_: But l never toolz. that which I never meant, nor th@ught of; if you fo define an oath as ro take in theJatfe which is thefoul of it. ·· · 9· 2 5· But then in regard of the confeqruntial obligatii'Jn in point of Jttftice ttntoman, the quefiiori I think mull be thus refolved. r. We mull diltinguifh between a lJwful impofer or contrat:/er, and a violmt ufurper or robbrr that injuriouf1y compellerh us to fwear. 2· Between the obvious ufual {tnfe at the words and an unufual forced f:.nfe. 3· Between a jincere, involuntary mifunderrland.. ing the impofcr, and a volunrary lfaudu!ent refcrvation or private fenfe. 4~ Between one, that I owe {omething ro antecedently, and one that 1 owe: nothing to bur by the met:r [elf-obligation of my Vow. S· B~twcen an Impofcr that is hirn(df the cul~able c~ufe of my mifunder(landing him~ and one that is not the caufe 1 but my own weaknefs or negligence 15 the caufe. 6. Between a cafe where both [tnftJ may be ~cpr, ~nd a ca(e where they cannot, being inconfifient. Upon thefc Difiif!Clions, I thu~ nfolve the qudlion. · 9· 26. Prop. J , If I fraudulently and wilfully take an oath. in a fenfe cf my own, contrary to ~hey were ill the fenfe of the Impr{er and .the common a~d jurl .renfc of the words thcmfelves, I am guilty of pcrfi- ~b1~t~~ff,:r. dioufmfi and prophanenefs tn the very ta~mg of It. gmftsdefcri.. bechchrcno··· p.tg.3,20. Uc omnis homo jml flt perjuru~, & pr:tditl:is hcinoribUs implic2tus, ut vix excufari po!Tit, quin lit in his, Jicut populus, lie & facw:!.as: 0 that this cal:lmity h:d ended wi:h that 2ge ! Etpag. Jtl. Principes temrum & Barones, arte diabolici edoCti, ACC: cuu.banc juramentl infringere, Rec fidem violare, & jus omne confundere. Prop. 2· If it be long of my own culpable ignorance qr negligence that I mifunderfiood the lm- . pof<r, I am not thereby difobliged from the puhlick fenfe. , Prop. 3· When the Impofec openly puttrth a finfe on. the words impofed contrary to the ufual obviouJ fenfe, I am to underrland him according to his ownexpref!ion, and n0t to take the oath, 611 im· poftd) in any other f,nfe. Prop. 4· If the Impofer refufc or neglect to tell me his fenfc any otherwife than in the impofed wmds, l am to take and keep them according to the obviow fon[e of the words, as they arc commonly ufed in the time and place which I live in. Prep. 5· If it be long of the lmpofers obfcurity, or refufing to expbin himfel£: or other culpable caufe, th.u I mifiook him, I am not bound to keep my oath in his fenfe, as different from my own ( unltfs there b:.: fame other rcafou for it ). . Prop. 6. If the lmpofcr be a robber or ufurpcr, or one thlt I owe nothing to in jufiice, but what I oblige my fclf eo by my oath, I am not then bound at all to. keep my oath in bit fenfo, if my owM fenfe was according to the common ufe of the words. Prop. 7· 1hougb I may nor lye to a robbei or tyrant that unjuflly impofc:th promifes or oaths upon me, yet if he put an oath or promifeon me which is good and lawful in the proper ufu:zl fenfe of the words, though bad in his fenfe, (which is contrary, to the pl"i" words), whether I may take this to favc my liberty or life, I leave to the confidcration of the judicious ·; that which may be fa id againfi it is, that Oatht mu(t not be ufed indireelly and diffemblingly: that which n,.y be faid for it is: I· That 1 have no obligation to fit my words to his pcrfonal private fenfe: 2. That I deceive him not, but only permit him to deceive hitl)fclf, as long as it is he and not 1 that mifufcth the words. 3· That I am to have chief I<fpei:l: to 'the publick.,finfi : and it is not hit finfi, but mint thar is the publick.,fenfi. 4• That the faving of a mans life or liberty is caufe eoough for the taking a lawful oatb. Prap. 8. In cafe I mifundcrfiood the impofed Ollh through my own default, I am bound to keep it in imb fcnfts ( my own and the impofers) if both be confifient and lawful to be done. For I am bound to ir in my or:m fenfe, becaufe it was formaUy myoath or Vow which 1 intended. And 1 am hound to it in hi1 [cnfe, becaufe I have in Jufiice made the thing his ~ue. As iftbe King command me to Vow that I will li::rve him in wars againfi the Turk : And I.mtfunderfiand him as if he meant only to ferve him in wars againfi the Turk: And I mifunderfiand him as if he m~ant only to fervc him with my pur[e: And (o l make a Vow with this intent, to expend part ofVIY ellate to maintain that War: whereas the true fenfe was that 1 fhould ferve him with my Perfim: In this cafe, I fee not but I am bound to . 'loth. X X X X 2 Jt1deed
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