Rule XXXVI. No personal hurt or temporal loss is any sufficient cause for the violation of an oath.82 He that taketh a false oath, or breaketh a promissory oath, for the saving of his life, or a thousand men's lives, or for lands or riches, or crowns and kingdoms, hath no considerable excuse for his perfidiousness and perjury, all temporal things being such inconsiderable trifles in comparison of the will and pleasure of God, and life everlasting: that which will not justify a lie, will much less justify perjury.83
Rule XXXVII. If the matter of an oath prove only a temptation to sin, and not sin itself, it must be kept: but with the greater vigilancy and resolution. As if a man have married a froward wife that will be a temptation to him all his life, he is not disobliged from her.
Rule XXXVIII. If the matter of an oath be such as maketh me directly the tempter of myself or others, it is a sin, and not to be kept, unless some greater good preponderate that evil. For though it be no sin to be tempted, yet it is a sin to tempt: though it be no sin to tempt by a necessary trial, (as a master may lay money before a suspected servant to try whether he be a thief,) nor any sin to tempt accidentally by the performance of a duty (as a holy life doth accidentally tempt a malignant person to hatred and persecution); yet it is a sin to be directly and needlessly a tempter of ourselves or others unto sin; and therefore he that voweth it must not perform it. As if you had vowed to persuade any to unchastity, intemperance, error, rebellion, &c.
Of accidental evil or temptation vowed.
Rule XXXIX. If the matter of an oath be such as accidentally layeth so strong a temptation before men, (especially before a multitude,) as that we may foresee it is exceeding likely to draw them into sin, when there is no greater good to preponderate the evil of such a temptation, it is a sin to do that thing, though in performance of a vow. When actions are good or evil only by accident, then accidents must be put in the balance against each other, and the weightiest must preponderate. As in matter of temporal commodity or discommodity, it is lawful to do that action which accidentally bringeth a smaller hurt to one man, if it bring a greater good to many; or which hurteth a private person to the great good of the commonwealth; but it is not lawful to do that which clearly tendeth (though but by accident) to do more hurt than good: as to sell powder and arms, when we foresee it will be used against the king and kingdom; or to sell ratsbane, when you foresee it is like to be used to poison men. Much more should the salvation of many or one be preferred before our temporal commodity; and therefore for a lesser good, we may not tempt men to evil, though but accidentally: as he that liveth where there is but little need of taverns or ale-houses, and the common use of them is for drunkenness, it is unlawful for him there to sell ale or wine, unless he can keep men from being drunk with it (as if they take it home with them, or be unruly, he cannot). For thus to be a foreknowing tempter and occasion, unnecessarily, is to be a moral cause. Two things will warrant a man to do that which by accident tempteth or occasioneth other men to sin: one is a command of God, when it is a duty which we do: the other is a greater good to be attained by the action, which cannot be attained in a less dangerous way. As in a country where there is so great a necessity of ale-houses and taverns that the good that is done by them is greater than the hurt is like to be, though some will be drunk; it is lawful to use these trades, though some be hurt by it. It is lawful to sell flesh, though some will be gluttonous; it is lawful to use moderate, decent ornaments, though some vain minds will be tempted by the sight to lust; as it is lawful to go to sea though some be drowned. To act a comedy, or play at a lawful game, with all those cautions, which may secure you that the good of it is like to be greater than the hurt, is not unlawful: but to set up a common play-house, or gaming-house, where we may foresee that the mischief will be far greater than the good, (though the acts were lawful in themselves,) this is but to play the devil's part, in laying snares for souls: men are not thus to be ticed to hell and damned in sport, though but accidentally, and though you vowed the act.
Of scandal.
Rule XL. Thus also must the case of scandal be resolved:84 as scandal signifieth an action that occasioneth another to sin, or a stumblingblock at which we foresee he is like to fall to the hurt of his soul, (which is the sense that Christ and his apostles usually take it in,) so it is the same case with this last handled, and needs no other resolution: but as scandal signifieth (in the late abusive sense) the mere displeasing of another, or occasioning him to censure you for a sinner, so you must not break a vow to escape the censure or displeasure of all the world. Otherwise pride would be still producing perjury, and so two of the greatest sins would be maintained.
Rule XLI. Though in the question about the obligation of an oath that is taken ignorantly, or by deceit, there be great difficulties, yet this much seemeth clear: 1. That he that is culpably ignorant is more obliged by his vow or contract while he useth all the outward form, than he that is inculpably ignorant. 2. That though the deceit (as the force) of him that I swear to, do forfeit his right to what I promise him, yet my oath or vow obligeth me to do or to give the thing, having interested God himself in the cause. 3. That all such errors of the essentials of an oath or vow as nullify it, (of which I spake before,) or make the matter sinful, do infer a nullity in the obligation (or that it must not be kept). But no smaller error (though caused by deceit) doth disoblige.
The commonest doubt is, Whether an error about the very person that I swear to, and this caused by his own deceit, do disoblige me? All grant that I am obliged notwithstanding any circumstantial error (as if I think a woman rich whom I marry, and she prove poor; or wise and godly, and she prove foolish or ungodly: yea, if the error be about any integral part; as if I think she had two eyes or legs, and she have but one): and all grant that an error about an essential part, that is, which is essential to the relation or thing vowed, (if inculpable at least,) disobligeth: as if I took a man in marriage thinking he had been a woman; or if I took a person for a pastor, a physician, a counsellor, a pilot, that hath no tolerable ability or skill in the essentials of any of those professions. But whether I am bound if I swear to Thomas thinking it was John, or if I marry Leah thinking she is Rachel, is the great doubt. And most casuists say I am not: and therefore I dare not be bold to contradict them.85 But I much suspect that they fetched their decision from the lawyers; who truly say, that in foro civili it inferreth no obligation: but whether it do not oblige me ethically, and in foro conscientiæ et cœli, I much doubt,86 1. Because it seemeth the very case of Joshua and the Israelites, who by the guile of the Gibeonites were deceived into an error personarum, taking them to be other persons than they were: and yet that this oath was obligatory, saith Dr. Sanderson, is apparent, (1.) In the text itself, Josh. ix. 19. (2.) In the miracle wrought for that victory which Joshua obtained in defending the Gibeonites when the sun stood still, Josh. x. 8, 13. (3.) In the severe revenge that was taken on the lives of Saul's posterity for offering to violate it, 2 Sam. xxi. 2. 2. And this seemeth to be the very case of Jacob, who took not himself disobliged from Leah notwithstanding the mistake of the person through deceit. And though the concubitus was added to the contract, that obliged most as it was the perfecting of the contract, which an oath doth as strongly. 3. And the nature of the thing doth confirm my doubt; because when I see the person before me there is the individuum determinatum, in the hæc homo, and so all that is essential to my vow is included in it: if I mistake the name, or the quality, or birth, or relations of the person, yet my covenant is with this determinate person that is present, though I be induced to it by a false supposition that she is another. But this I leave to the discussion of the judicious.
Rule XLII. The question also is weighty and of frequent use, if a man vow a thing as a duty in obedience to God and conscience, which he would not have done if he had taken it to be no duty, and if he afterwards find that it was no duty, is he obliged to keep this vow? And the true answer is, that the discovery of his error doth only discover the nullity of his obligation to make that vow, and to do the thing antecedently to the vow; but if the thing be lawful, he is bound to it by his vow notwithstanding the mistake which induced him to make it.
Rule