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A38464 The English manner of swearing vindicated, or, The judgment of an eminent nonconformist minister of London concerning these four questions viz., q. I. Is it lawful in swearing to lay the hand upon the Bible? q. II. Is it lawful to kiss it in swearing? q. III. May one that scrupleth thus swearing himself, yet commissioned, give an oath thus to another that scrupleth it not? q. IV. How far is swearing by creatures a sin? : wherein several objections about the foresaid questions are answered. 1687 (1687) Wing E3098; ESTC R26129 6,685 10

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THE ENGLISH Manner of SWEARING VINDICATED Or the JVDGMENT of an Eminent Nonconformist MINISTER of LONDON concerning these FOUR QUESTIONS VIZ. Q. I. Is it Lawful in Swearing to lay the Hand upon the BIBLE Q. II. Is it Lawful to Kiss it in Swearing Q III. May one that scrupleth thus Swearing himself yet Commissioned give an Oath thus to another that scrupleth it not Q. IV. How far is Swearing by Creatures a Sin Wherein several OBJECIONS about the foresaid QVESIONS are Answered Published for the Satisfaction of the Conscientious LONDON Printed by R. W. for Moses Pitt at the Angel in St. Pauls Church-yard MDCLXXXVII OBJECTIONS against the English maner of Swearing ANSWERED IN the Title-page the Lawfulness of Laying the hand on and Kissing the Book are made two several Questions which may here be comprehended in one to both which one Answer may be Sufficient Quest 1. Is it lawful to lay the hand on the Bible and kiss● it in Swearing A●sw It is not Unlawful Proved 1st That which is not forbidden by God is lawful before God But so to take an Oath is not forbidden by God Therefore c. The minor will be proved sufficiently by Disproving all the pretenses of a Prohibition The major needeth no Proof 2. If it be for bidden it is either 1. As an Act in Worship not commanded and so Will worsh●p 2. Or as a significant Ceremony in worship not commanded 3. Or as an uncommanded significant Ceremony which hath in it self some forbidden m●tt● or manner But it is ●o● forbidden in any of these respects therefore not at all I. Not as an Act not commanded in worship Then all Acts in worship not commanded would be unlawful which is false For 1. The Acts used in swearing Gen. 24.2 14.22 Rev. 10.5 were not commanded and yet lawful of which more anon 2● God hath not commanded what Tune to sing a Psalm in what Division to make of the Bible into Chapters Verses whether to use a written or a printed Bible what words what method what particular Text to choose what Translation to use with many such like II. Not as a significant Ceremony not Commanded For then all such should be forbidden which is not true For 1. A●raham's Swearing by lifting up the hand and so the Angels Rev. ●0 5 and Abraham's servant by putting his hand under the thigh were signifi●●nt Ceremonies And he that will say they were commanded must prove it The contrary may well by us be supposed 1. Because no such Law is notified in Scripture and here non apparere and non esse are equal because of the perfection of Gods Laws 1. Because it is mentioned as Pa●aeus other Commenta●ors note as some accustomed Rite and so depends not on any particular Precept to Abraha● alone as a Prophet 3. Because it is not one but several sorts of Swearing Rites that are mentioned Lifting up the hand and putting it under the Thigh 2. Almost all Christians do take some uncommanded significant Ceremon●●● Swearing to be lawful The Ceremony mentioned by Paraeus ibid. as used in the Palatinate is such of lifting up three fingers The English Annotations tell you that the customs of countreys are very various in this point yet most agree in adding some outward attestation of Action or gesture to words in taking of an Oath to make it better remembred and more regarded than bare words of Affirmation Promise or imprecation And Josephus cited by Grotius tells us 't was then the custom among the Jews to swear by this Ceremony of putting the hand under the thigh 3. An Action of another part of the body is no more forbidden to express the mind by than of the tongue God never said you shall no way express your minds in things Sacred or civil but by the Tougue a change of the countenance may express it a frown or a pleasant look Index animi vultus Paul did lift up the hand to the Jews when he would speak for himself Christ made as if he would have gone further Luc. 24. Words are not natural signs but invented arbitrary in particulars tho' the Power of speaking words so invented learned be natural If it be lawful to use significant word● not commanded in Worship it is lawful to use significant Actions under due regulation Therefore all the ancient Churches without one Contradicter that ever I read of did use many such To stand up at the Creed is a significant expression of Consent which not only all the Churches else but the old Non-conformists never scrupled nor do the present as far as I can learn Whether to sit stand or kneel at singing Psalms is left at liberty To put of the hat is a significant Ceremony or act in worshp not commanded in it self nor used of old for the same signification as now and where covering the head does signify reverence it is better than to be bare God hath commanded us the expressing of consent reverence c. but left the word gesture or expressing sign to liberty He that affirmeth that God has left no other signification of our minds in sacred things to our liberty but tyed us to Words alone must prove what he saith which he must do against Scripture against Nature and against all the judgement and custom of all Christ's Churches and of the world III. If laying the hand on the Book and Kissing it be unlawful for any special matter or manner forbidden more than other significant acts it is for some of these Reasons in the Objections following which now I will answer I. Object It savoureth of the Romish Superstition Answ 1. Not at all Let him prove it that can 2. Superstition is the feigning of things to be pleasing or displeasing to GOD which are not and using or disusing them accordingly whatever be the Etymologie of the word Superstitutum Cultus or supra Statutum c. it is certain that the common use of it among Heathens Christians was for an erroneous undue fear of God thinking this or that was displeasing or pleasing to Him to be done or to be avoided which was not so but was the conceit of a frightned mistaking mind Therefore to say that God is displeased with this signification of the mind when it is not so nor can be proved is Superstition And this is not the only instance of Satan's introducing Superstition under pretense of avoiding Superstition 3. The Sense of the Law is to be judged of by the Law and by the notorious Doctrine profession of the Law makers and of the Land which here renounceth the superstitious use of it But I confess I was more afraid that the Papists had too much derogated from the Scripture than given too much to it and they profess they swear not by a Creature as Paraeus in Gen. 24.2 II. Object But Paraeus in Gen. 24.2 saith Non absque superstitione fit cum super Crucifixum aut Codicem Evangelii digitis impositis juratur ut
fit in Papatu Answ 1. But that same act which in Papatu is superstitious because of superstitious conceits ends is not so in all others which have none such 2. It●s ●o new thing to be quick in accusing our adversaries but Paraeus addeth not a syllable of Proof and if he had it must have been such as touch't not us or else invalid Object III. Some good men have scrupled it Answ Ten thousand to one such have not scrupled it 2. They are not our Gods nor Law. And if we avoid all as sin which some good men have scrupled we shall make Superstition a great part of our Religion And when on the same grounds we have but practised all as duty which some good men have taken for duty we shall quite out-go the Papists Object IV. Our Common-Law Commissions that give authority to examine persons direct it to be done supra Sacramenta sua per sancta Dei evangelia fideliter praestanda And in the form of Administration in Ecclesiastical Courts the words are Ad sancta Dei Evangelii rite legitime jurati Whether these Forms do not infer that in their first use at least persons either swore by the Evangelists or offended in the mode of swearing And our Common Law calls it a Corporal Oath from touching the Book Answ 1 To know the sense of our present Law it is not necessary that we know the sense of the first users of the Form For the Law is not now the King's Law tha● first m●de it but the Kings Law that now reigneth and beareth his sense 2. To ju●●●fie our obedience to a Law it is not necessary that we prove every Phrase in that Law to be fitly expressed 3. But examine it well and try whether it be not also sit and laudable 1. There are three things conjoined in the Oaths in question 1. A testimony Assertory or a promise 2. An Oath 3. An Imprecation The Assertory Testimony is here the first thing intended and the Oath and Imprecation are but as a means to make that Testimony or promise valid 2. The published Doctrine of England in the 39 Articles the Book of Ordination c. is that the Holy Scriptures contain all things necessary to Salvation as being God's Law or Rule of our Faith and Life All our Duty to God is there commanded All the Promises on which we hope are there contained all the Punishments which the perjur'd or any sinner must feel and should fear are there threatned Therefore 3. The Laying on the Hand and Kissing the Book is an Action directly related to the Imprecation and not to the Oath but only by consequence as the Imprecation is subservient to the Oath as the Oath is to the Assertion So that this is the plain Paraphrase of the whole I do believe that God the Ruler of all the world is the Judge of secrets which are above mans Judgement the Searcher of hearts and the hater avenger of Perjury according to this His holy Word by which He governs us And to this God I appeal as to the Truth of this my T●stimony cons●ning my self to lose all the benefit of his promises to the just and to bear all the punishments here threatned to the Perjured if I lie And what can be said more fitly 1. To own the Protestant Doctrine that the Scripture is God's perfect Word that the evil to be feared and the good to be hoped for is all there contained and is all the fu●fi●ling of that Word 2 And to put the word in its due subordination to GOD And our ordinary Form of Swearing sheweth this So help you God and the Contents of this Book Whether you will call this Swearing upon or by the Gospel or call it a Corporal Oath or a Spiritual Oath is only de nomine and is nothing to the matter thus truly described Sacramentum signifieth the Oath it self and Ad s●ncta Evangelia is a fit Phrase or if supra Sacramenta signifie the two Sacraments of the Gospel it can mean no more than As one that by the Reception of the Sacrament doth profess to believe this Gospel to be true I do renounce the B●nefits of it If I lie And in this sense it has been some mens custom to receive the Sacrament when they would solemnly Swear Object V. Some seem to object against Kissing the Book as having the greater appearance of giving too much to it or putting some adoration on it and because this Ceremony of kissing is held to be of later date than laying on the hand Answ The Ceremony signifieth that I love approve the Gospel and place the hope of my salvation in it And the publick Doctrine of the Kingdom before cited sheweth as a full Exposition what we ascribe to it But as some scrupulous Brethren in Scotland gratify the Papists by rejecting the Oath of Supremacy which is the most thorny hedge against them and this while they cry out against Popery so others would gratify the Papists by sugg●sting that we give too much to the Bible and adore it when the very sum of Englands Protestantism is their just ascribing to the Holy Scriptures its Sufficiency as to all things necessary to Salvation Thus Satan undoeth still by over-doing Object VI. But Laying on the hand and kissing the Book seem of the same nature with the Cross in Baptism other signific●nt ●●remonies and an Oath is part of the Worship of God therefore not to be taken with these ceremonies or else will seem to justifie the other Answ 1. Significant Words Gestures or Actions are not therefore evil because they are significant unless bruitishness be a vertue nor because any call them by the name of Ceremonies else that name might be put upon any thing to deprive us of our liberty Therefore I can judge of no Ceremony by that general name alone till it be named it self in specie 2. And of the Cross there are these notorious differences in the case 1. The Cross is an Image used in Gods Worship though not a permanent yet a transient Image and used as an Image of the Cross of Christ though but in water or oyl And God hath more specially forbidden images used in His Worship than He hath done a professing significant word gesture or action which is no image nor used as such 2. The Cross seems to be a third Sacrament of the Covenant of Grace while it is used as a Symbol of Christianity and a dedicating sign as the Cannon-calleth it by which before the Church there is made a solemn self-Obligation as sacramentally to Renounce the Devil the world the flesh and manfully to fight under Christs banner c. Implying our trust and hope in Christ crucified for the benefits of His death So that if it be not a compleat third Sacrament it hath so much of that which is proper to a Sacrament that for my part I dare not use it And as I think the King would not