Background Image
Table of Contents Table of Contents
Previous Page  353 / 364 Next Page
Information
Show Menu
Previous Page 353 / 364 Next Page
Page Background

[3331

whencefoever

contrac`fed,

whether by Covenant,

or

by Vow, or

by

bare

Promife,

or

by

meer

Of

lice

(or

Dun)

remaineth

valid,

and

puts

a

bar

to

every

following

contrary

a61.---

(Read

/rd.

4,

§

I

II2,13,14,I

.

what

he faith

for

the

obligation,

r,

Of

fl:ontaneous

Oaths;

2.

Of

Oaths

caufed

by fraud

;

3.

Or

by

fear

extorted

4,

Even

of

Oaths to Robbers.)

P.

I

I0.

3.

He

that

taketh

an

Oath

impofed

by

one

that

had

no

juft

authority,

but

not

otherwife

vicious,

is

bound

to

perform what

he fwore.

(Read

p. 175,

&c.

what he faith

at

large

againft

equivocation, ftretching refervations,

as

opening

the

door to

all

lying

and

perjury,

and

fruftrating

the

end

of

Oaths.)

P.

195.

Of

the latitude

and

extent

of

an

Oath,

How

jar

the fenfe

is

to

be

meafured

by

the

(cope

*

:

As

when

the

Caufe

*

As

of

Affent

of

the Oath

was

particular,

but

and

c

P

i

Life.

the

of

the

the

words are general,

e.

g.

The

Liturgy,

&c.

Popes

Uft,rpation

was

the

Caufe

of

the Oath

of

the

Kings

Supremacy

:

-

--

But

the

words

of

the Oath

fo

affert

the

Kings

Supremacy,

as exclude

all

others

as

well

as

the Pope, from ex-

ercifing

fupreme

Power

in

this Kingdom

:

Anfww.

Such

an

Oath

obl.gei

h as

to the

words themfelves

in

their

utmofi

latitude

:

The Realon

is,

becaufe

the

intention

of

the

Law,

though

made

on a

par-

ticular

occafion,

is

general,

to

hinder

all

incom-

modities

of

the

fame kind

for

the

future.

-

-

-As

Lawyers

fetch not

the

fèrife

of

Laws

from

the

Proem, but

from

the

body

of

the Statute,

fo

we

muft judge

of

the

Tuff

interpretation

of

an

Oath,

not

by

the

promild

recognition,

or

other

pre-

face,

but by

the

body

of

the Oath

it

felf.

P.

208,