Church of England, First Book of Homilies, Homily 7 Against Swearing and Perjury [1543]
From the first authorised
book of homilies of the Church of England. Written by Thomas Cranmer (or under
his supervision) in 1542/1543. First published and authorised in 1547 with
minor emendations in the following decades. In this critical edition, textual
emendations are indicated by a combination of italics for deletion and bold
type for additions. The year and edition in which the change was made is
indicated in square brackets after the alteration in question. Thus for example
attestation calling to witness [1559] indicates that in 1559 the
word ‘attestation’ which had appeared in previous editions, was altered to
‘calling to witness.’ Those who want the original text need only ignore the
words in bold type but keep those in italics, whilst those who want the
currently authorised text will do the opposite – include the words in bold type
but ignore those in italics.
Source: Bray,
Gerald. The Books of Homilies: A Critical Edition. ISD LLC, 2016
7. Against Swearing and
Perjury.
1. Almighty God, to the
intent his most holy name should be had in honour and evermore be magnified of
the people, commandeth that no man should take his name vainly in his mouth,
threatening punishment unto him that unreverently abuseth it by swearing, forswearing
and blasphemy. To the intent therefore that this commandment may be the better
known and kept, it shall be declared unto you both how it is lawful for
Christian people to swear and also what peril and danger it is vainly to swear or
to be forsworn.
First, when judges require
oaths of the people for declaration (or opening) [1559] of the truth or
for execution of justice, this manner of swearing is lawful. Also, when men make
faithful promises with attestation calling to witness [ 1559] of
the name of God to observe keep [1559] covenants, honest promises,
statutes, laws and good customs, as Christian princes do in their conclusions
of peace for conservation of commonwealths, and private persons promise their
fidelity in matrimony, or one to another in honest and true friendship; and all
men when they do swear to keep common laws or local statutes and good customs for
due order to be had and continued among men; when subjects do swear to be true
and faithful to their king and sovereign lord, and when judges, magistrates and
officers swear truly to execute their offices, and when a man would affirm the
truth to the setting forth of God's glory for the salvation of the people in open
preaching of the gospel, or in giving of good counsel privately for their
soul's health; all these manner of swearings for causes necessary and honest be
lawful. But when men do swear of custom, in reasoning, buying and selling, or
other daily communication, as many be common and great swearers, such kind of swearing
is ungodly, unlawful and prohibited forbidden [1559] by the commandment
of God, for such swearing is nothing else but taking of God's holy name in vain.
And here is to be noted
that lawful swearing is not forbidden but commanded of Almighty God. For we have
examples of Christ and godly men in Holy Scripture that did swear themselves
and required oaths of other likewise. And God's commandment is: 'Thou shalt dread
thy Lord God, and shalt swear by his name.' 1 And Almighty God by
his prophet David saith: 'All men shall be praised that swear by him. '2
Thus did our Saviour Christ swear divers times, saying 'verily, verily'.3
And Saint Paul sweareth thus: 'I call God to witness. '4 And
Abraham, waxing old, required an oath of his servant that he should procure a wife
for his son Isaac, which should come out of his own kindred, and the servant did
swear that he would perform his master's will.5 Abraham also, being
required, did swear unto Abimelech the king of Gerar that he should not hurt
him nor his posterity, and so likewise did Abimelech swear unto Abraham.6
And David did swear to be and to continue a faithful friend to Jonathan, and
Jonathan did swear to become a faithful friend unto David.7
Also God once commanded
that if a thing were laid to pledge to any man or left with him to keep, if the
same thing were stolen or lost, that the keeper thereof should be sworn before
judges that he did not convey it away nor used any deceit in causing the same
to be conveyed away by his consent or knowledge.8 And Saint Paul saith
that in all matters of controversy between two persons, whereas one saith yea and
the other nay, so as no due proof can be bad of the truth, the end of every such
controversy must be an oath ministered by a judge.9
And moreover God by the
prophet Jeremiah saith: 'Thou shalt swear, The Lord liveth, in truth, in judgment,
in righteousness.'10 So that whosoever sweareth when he is required
of a judge, let him be sure in his conscience that his oath have these three conditions
and he shall never need to be afraid of perjury. First, he that sweareth must swear
that he sweareth [1547/3] truly, that is, be must, secluding setting
apart [1559] all favour and affection to the parties, have the truth only
before his eyes and for love thereof say and speak that which be knoweth to be
truth, and no further. The second is, he that taketh an oath must do it with judgment,
not rashly and unadvisedly, but soberly, considering what an oath is. The third
is, he that sweareth must swear in righteousness, that is, for the very zeal and
love which he beareth to the defence of innocency, to the maintenance of the
truth and to the [ 1547 /6] righteousness of the matter or cause, all
profit, disprofit, all love and favour unto the person for friendship or
kindred, laid apart. Thus an oath, if it have with it these three conditions, is
a part of God's glory which we are bound by his commandment to give unto him,
for be willeth that we shall swear only by his name. Not that he hath pleasure
in our oaths, but like as he commanded the Jews to offer sacrifices unto him,
not for any delight that he had in them, but to keep the Jews from committing
of idolatry, so he, commanding us to swear by his holy name, doth not teach us
that he delighteth in swearing, but he thereby forbiddeth all men to give his
glory to any creature in heaven, earth or water.11
Hitherto you see that
oaths lawful are commanded of God, used of patriarchs and prophets, of Christ himself,
and of his apostle Paul. Therefore Christian people must think lawful oaths
both godly and necessary. For by lawful promises and covenants, confirmed by
oaths, princes and their countries are confirmed in common tranquillity and peace.
By holy promises, with attestation of God's name calling the name of
God to witness [1559], we be made lively members of Christ when we profess
his religion, receiving the sacrament of baptism. By like holy promise the sacrament
of matrimony knitteth man and wife in perpetual love, that they desire not to
be separated for any displeasure or adversity that shall after happen. By lawful
oaths which kings, princes, judges and magistrates do swear common laws are
kept inviolate, justice is indifferently ministered, innocent harmless
[1559] persons, orphans fatherless children [1559], widows and
poor men are defended from murderers, oppressors and thieves, that they suffer no
wrong, nor take any harm. By lawful oaths mutual society, amity and good order is
kept continually in all commonalities, as boroughs, cities, towns and villages.
And by lawful oaths malefactors are searched out. Wrongdoers are punished and
they which sustain wrong are restored to their right. Therefore lawful swearing
cannot be evil, which bringeth unto us so many godly, good and necessary
commodities.
Wherefore, when Christ so
earnestly forbad swearing, it may not be so understanded as though he did forbid
all manner of oaths, but he forbiddeth all vain swearing and forswearing, both
by God and by his creatures, as the common use of swearing in buying, selling,
and in our daily communication; to the intent every Christian man's word should
be as well regarded in such matters as if he should confirm his communication
with an oath. For 'every Christian man's word', saith Saint Jerome, 'should be so
true that it should be regarded as an oath.'12 And Chrysostom, witnessing
the same, saith: 'It is not convenient to swear, for what needeth us to swear when
it is not Lawful for one of us to make a lie unto another?'13
Peradventure some will
say. I am compelled to swear, for else men that do common with me or do buy and
sell with me will not believe me. To this answereth Saint Chrysostom, that he
that thus saith showeth himself to be an unjust and a deceitful person, for if
he were a trusty man and his deeds taken to agree with his words, he should not
need to swear at all.14 For he that useth truth and plainness in his
bargaining and communication, he shall have no need by such vain swearing to
ring himself in credence with his neighbours, nor his neighbours will not mistrust
his sayings. And if bis credence be so much lost indeed that he thinketh no man
will believe him without he swear, then he may well think his credence is clean
gone. For truth it is, as Theophylact writeth, that 'no man is less trusted than
he that useth much to swear.'15 And Almighty God by the wise man
saith: 'That man which sweareth much shall be full of sin, and the scourge of
God shall not depart from his house.'16
But here some men will say,
for excusing of their many oaths in their daily talk, Why should I not swear
when I swear truly? To such men it may be said that though they swear truly, yet
in swearing often, unadvisedly, for trifles, without necessity and when they should
not swear, they be not without fault but do take God's most holy name in vain. Much
more ungodly and unwise men are they that abuse God's most holy name, not only in
buying and selling of small things daily in all places, but also in eating, drinking,
playing, commoning and reasoning, as if none of these things might be done,
except in doing of them the most holy name of God be commonly used and abused,
vainly and unreverently talked of, sworn by and forsworn, to the breaking of God's
commandment and procurement of his indignation.
2. You have been taught
in the first part of this sermon against swearing and perjury what great danger
it is to use the name of God in vain, and that all kind of swearing is not
unlawful, neither against God's commandment; and that there be three things
required in a lawful oath; first, that it be made for the maintenance of the
truth; second, that it be made with judgment, not rashly and unadvisedly; thirdly,
for the zeal and love of justice. Ye heard also what commodities cometh of
lawful oaths and what danger cometh of rash and unlawful oaths. Now as concerning
the rest of the same matter, ye shall understand that And [1549] as well
they use the name of God in vain that by an oath make unlawful [1576] promises
of good and honest things and perform them not, as they which do promise evil
and unlawful things and do perform the same.
Of such men that regard not
their godly promises confirmed bound [1559] by an oath, but wittingly
and wilfully break them, we do read in Holy Scripture two notable punishments. First,
Joshua and the people of Israel made a league and faithful promise of perpetual
amity and friendship with the Gibeonites; notwithstanding, afterward in the
days of wicked Saul many of these Gibeonites were murdered, contrary to the said
faithful promise made.17 Wherewith Almighty God was so sore displeased
that he sent an universal famine hunger [1559) upon the whole
country which continued by the space of three years, and God would not withdraw
his punishment until the said offence was revenged by the death of seven sons or
near kinsmen of King Saul. Also, whereas Zedekiah king of Jerusalem had promised
fidelity to the king of Chaldaea, afterward, when Zedekiah, contrary to his oath
and allegiance, did rebel against King Nebuchadnezzar, this heathen king, by
God's permission and sufferance [1559], invading the land of Jewry and besieging
the city of Jerusalem, compelled the said King Zedekiah to flee, and in fleeing
took him prisoner, slew his sons before his face and put our both his eyes, and
binding him with chains led him prisoner miserably into Babylon.18 Thus
doth God show plainly how much he abhorreth breakers of honest promises confirmed
bound [ 1559] by an oath made in his name.
And of them that make wicked
promises by an oath and will perform the same we have example in the Scripture,
chiefly of Herod, of the wicked Jews and of Jephthah. Herod promised by an oath
unto the damsel which danced before him 'to give unto her whatsoever she would
ask', when she was instructed before of her wicked mother to ask the head of
Saint John Baptist. Herod, as he took a wicked oath, so he more wickedly performed
the same and cruelly slew the most holy prophet.19 Likewise did the malicious
Jews 'make an oath, cursing themselves if they did either eat or drink until
they had slain Saint Paul. '20 And Jephthah, when God had given him victory
of the children of Ammon, promised of a foolish devotion unto God, to offer for
a sacrifice unto him that person which of his own house should first meet with him
after his return home. By force of which fond and unadvised oath he did slay
his own and only daughter, which came out of his house with mirth and joy to
welcome him home.21 Thus the promise which he made most foolishly to
God, against God's eternal everlasting [1559] will and the law of
nature most cruelly he performed, so committing against God double offence.
Therefore, whosoever maketh any promise binding himself thereunto by an oath, let
him foresee that the thing which he promiseth be good, honest and not against the
commandment of God, and that it be in our his [1547/2] own power
to perform it justly, and such good promises must all men keep evermore
assuredly. But if a man at any time shall either of ignorance or of malice
promise and swear to do anything which is either against the law of Almighty God
or not in his power to perform let him take it for an unlawful and ungodly oath.
Now something to speak of
perjury. To the intent you should know how great and grievous an offence against
God this wilful perjury is, I will show you what it is to take an oath before a
judge upon a book. First, when they, laying their hands upon the gospel book, do
swear truly to inquire and to make a true presentment of things wherewith they be
charged and not to let from saying the truth and doing truly for favour, love, dread
or malice of any person, as God may help them and the holy contents of that
book, they must consider that in that book is contained God's everlasting truth,
his most holy and eternal Word, whereby we have forgiveness of our sins and be
made inheritors of heaven, to live for ever with God's angels and his saints in
joy and gladness. In the gospel book is contained also God's terrible threats to
obstinate sinners that will not amend their lives nor believe the truth of God,
his holy Word and the everlasting pain prepared in hell for idolaters,
hypocrites, for false and vain swearers, for perjured men, for false witness bearers,
for false condemners of innocent and guiltless men, and for them which for
favour hide the crimes of malefactors evildoers [ 1559], that they
should not be punished. So that whosoever wilfully forsweareth himself upon Christ's
holy evangely, they utterly forsake God's mercy, goodness and truth, the merits
of our Saviour Christ's nativity, life, passion, death, resurrection and ascension;
they refuse the forgiveness of sins promised to all penitent sinners, the joys of
heaven, the company with angels and saints for ever; all which benefits and comforts
are promised unto true Christian persons in the gospel. And they, so being forsworn
upon the gospel, do betake themselves to the devil's service, the master of all
lies, falsehood, deceit and perjury, provoking the great indignation and curse of
God against them in this life, and the terrible wrath and judgment of our Saviour
Christ at the great day of the last judgment, when he shall justly judge both the
quick and the dead according to their works. For whosoever forsaketh the truth for
love or displeasure of any man, or for lucre and profit to himself, doth
forsake Christ and with Judas betrayeth him. And although such perjured men's falsehood
be now kept secret, yet it shall be opened at the last day when the secrets of all
men's hearts shall be manifest to all the world, and then the truth shall
appear and accuse them, and their own conscience, with all the blessed company
of heaven, shall bear witness truly against them; and Christ the righteous
judge shall then justly condemn them to everlasting shame and death.
This sin of perjury Almighty
God, by the prophet Malachi, doth threaten to punish sore, saying unto the
Jews: 'I will come to you in judgment and I will be a swift witness' and a sharp
judge 'upon sorcerers, adulterers and perjured persons.'22 Which
thing to the prophet Zechariah God declareth in a vision, wherein the prophet saw
a book flying which was twenty cubits long and ten cubits broad, God saying then
unto him: 'This is the curse that shall go forth upon the face of the earth for
falsehood, false swearing and perjury; and this curse shall enter into the
house of the false man and into the house of the perjured man, and it shall remain
in the midst of his house and consume him, the timber and stones of his house. '23
Thus you see how much God doth hate perjury and what punishment God hath prepared
for false swearers and perjured persons.
Thus you have heard how and
in what causes it is lawful for a Christian man to swear; ye have heard what properties
and conditions a lawful oath must have, and also how such lawful oaths are both
godly and necessary to be observed; ye have heard that it is not lawful to swear
vainly, that is, other ways than in such causes and after such sort as is declared,
and finally ye have heard how damnable a thing it is either to forswear ourselves
or to keep an unlawful and unadvised oath. Wherefore let us earnestly call for
grace, that all vain swearing and perjury set apart, we may only use such oaths
as be lawful and godly and that we may truly, without all fraud, observe keep
[1559] the same according to God's will and pleasure. To whom with the Son and
Holy Ghost be all honour and glory. Amen.
---
1. Deut.6:13.
2. Psa. 63:11.
3. John 3:3, 11.
4. 2 Cor. 1 :23.
5. Gen. 24: 1-9.
6. Gen. 2 1:21- 31.
7. I Sam. 18:3, 20: 12- 17,
42.
8. Ex. 22:10-11.
9. Heb. 6:16.
10. Jer. 4:2.
11. Isa. 42:8; Psa. 150:6.
12. Comm in Matt., 5.34--37.
13. Chromatius, Tractatus
in Matt., 9.11. The mistaken reference to Chrysostom is probably the result
of a confusion arising from the fact that both names begin with the same three letters.
There is a similar confusion in the Corpus iuris canonici, X, 2.22.5.
14. John Chrysostom, Hom
in Eph., 2. See also his Hom ad populum Antioch., 7 and Hom in Acta,
9.
15. Theophylact ofOchrid,
Comm. in Matt., 5.37.
16. Sir.23: 11.
17. Isa.9:3-15;2Sam.21:l-14.
18. 2 Kings 24: 17 and
25:7.
19. Matt. 14:6-11.
20. Acts23: 12.
21. Judg. 11:30- 39.
22. Mai. 3:5.
23. Zech. 5: 1-4.
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