[1.] In that we have various instances, in scripture, of God’s condescending to confirm what he has spoken, by an oath; wherein he appeals to his own perfections for the confirmation of our faith. Thus he is represented as swearing by himself, and by his holiness, Gen. xxii. 16, 17. Psal. lxxxix. 35.
[2.] There are several examples and commands, in scripture, which make it our duty to appeal to God, on some occasions, by solemn oaths. Thus it is said, Thou shalt fear the Lord thy God, and serve him, and shalt swear by his name, Deut. vi. 13. And elsewhere, To me every knee shall bow, and every tongue shall swear, Isa. xlv. 23. But we must observe that there is a vast difference between God’s swearing by himself, or by any of his perfections, and man’s swearing by him. When God swears by himself, it is a display of the glory of his perfections, as a God that cannot lye; but when man swears by him, it is an act of religious worship, containing an acknowledgment of his perfections, and an appeal to him, as a God of truth, and the avenger of a lye. Therefore an oath is not to be taken, but in matters of great importance, which cannot be decided without it; and being an act of religious worship, it ought to be performed in the most solemn manner; otherwise we profane the name of God, and so violate this commandment. This respects not so much the form used in swearing, as the levity of spirit with which it is done, or our pretending to confirm that which is false hereby.
The form used in solemn oaths has been various.
1st, We read of some ceremonies used in swearing, that were only occasional. Thus when Jacob and Laban took a solemn oath to each other, at their parting, a pillar was erected, and a heap of stones gathered together, and they both eat upon the heaps and sware by the God of Abraham and Nahor, and the fear of Isaac, that they would do no injury to each other, Gen. xxxi. 45,-53. Also we read, that when Abraham made his servant swear, that he would take a wife for Isaac, from among his kindred, and not out of the land where he dwelt, he ordered him to put his hand under his thigh, chap. xxiv. 2, 3, 4. This form of swearing seemed to be an appeal to God, as having promised that his seed should be increased and multiplied, and that in his seed, all the families of the earth should be blessed; which was a circumstance well adapted to the matter and occasion of the oath, viz. that he should provide such a wife for Isaac as God approved of.
2dly, The common form of swearing used of old, seems to have been by lifting up the hand to heaven, thereby signifying their appeal to God, whose throne is there; accordingly the lifting up the hand to heaven imports the same thing as to swear, according to the scripture-mode of speaking, Deut. xxxii. 40. In this manner Abraham sware, Gen. xiv. 22, 23. and the angel which appeared to John, Rev. x. 5. and this is undoubtedly, a very good and justifiable form of swearing; and it is used, in some Protestant countries, even at this day.
As to the form used by us in public solemn oaths, viz. laying the hand on the Bible, or on the gospels, and kissing the book, it is no where warranted by scripture, and therefore is not so eligible as that lifting up the hand; yet because it is the common legal form used among us, it is rather to be complied with, than that the duty should be neglected; because, as has been but now observed, some forms of swearing are said to have been used in scripture, and not reproved, which were of men’s invention. And the thing principally to be looked at in an oath, is, the solemn appeal made therein to God. Therefore it is the frame of spirit with which this is done, that is chiefly to be regarded. And what we have promised to do, is religiously to be observed, that so our oaths may not be violated.
Obj. The objections against the use of religious oaths, are principally taken from two or three scriptures, not rightly understood, in which they seem to be forbidden; as when our Saviour says, I say unto you, Swear not at all, Matt. v. 34. and in James v. 12. the apostle speaks to the same purpose; and it is farther objected, that the prophet speaks of this as a national sin; when he says, Because of swearing the land mourneth, Jer. xxiii. 10.
Answ. In these scriptures profane swearing is forbidden; whereby persons make use of the name of God to confirm what they say, in a light and trifling manner; or swearing by creatures, as the heaven, the earth, or any creature therein. But they do not forbid swearing, as containing in it a religious appeal unto God in a solemn manner, for the confirming of what we assert. And when the prophet speaks of the land’s mourning because of swearing, it may be rendered, as in the margin of our Bibles; because of cursing the land mourneth, intimating, that it was a custom among them, to imprecate the wrath of God against one another; which was a sin highly provoked to the Majesty of heaven. And, besides, it appears that the prophet is speaking of profane cursing or swearing, by what is said in the words immediately following; for both prophet and priest are profane. So that people of all ranks and degrees, were profane; the prophets and priests by abusing the sacred mysteries; and the people, in their common discourse, using oaths and curses; for which things the land mourned. This is the plain sense of that scripture; and therefore no arguments can be drawn from thence to prove that solemn and religious oaths are unlawful.
It is, indeed, unlawful to swear by creatures, as is observed in the scriptures but now mentioned; for they are not omniscient, and therefore not to be appealed to for the decided matters, which are known to none but ourselves, and the Searcher of hearts; neither are they to be reckoned avengers of the cause of injured truth; for they have not a sovereignty over man, or a right to judge and punish them in such a way as God has; for that belongs only to him, and therefore to swear by their name, is to give them a branch of his glory, and consequently to take his name in vain.
(2.) This Commandment is broken by violating religious oaths, both those that are assertory or promissory. Therefore, when men assert that, for truth, which is uncertain; or, especially if they know it to be false, and so design to deceive, they break this Commandment. As for promissory oaths, they contain an appeal to God concerning what respects some things to be done by us, conducive to the good of others. Now we are guilty of the breach of this Commandment.