propose against the notorious Abuse and evil Consequence of Swearing then Truth-speaking for those that dare not Lye need not Swear and they that make no Conscience of Lying do not much fear an Oath at least their Consciences are very crazy in taking it This only Reason were we destitute of all other Allegations would be a strong Disswasive from Swearing for we hold God's Honour and our Profession greatly concern'd to prove to so False an Age that there is a People who are so far from vain and false Swearing that they dare not swear the Truth but whose Yea and Nay shall weigh against other mens Oaths and that with a free Offer of sustaining double Punishment in case of Miscarriage Expedients may last a while but TRVTH only shall have the Honour of conquering Falshood and Virtue will and must be greater then an OATH V. The Omnipresency of God rightly understood shows the Uselesness of an Oath and is with us a good Argument against Swearing for what need is there of that Man's being aw'd into true Evidence by such sort of Attestations and Imprecations as make up the common Form of Oaths who knows God to be always present to reside and preside in his Soul according to that New and Everlasting Covenant which he hath made that his People should be his Temple that he would dwell IN them and walk IN them Did the Children of men know the Power Glory and Majesty of God WHOM the Apostle preacht NIGH to the Athenians and declared to the Ephesians to be Father of all above all through all and IN THEM ALL there would be no Oaths and but few Words and those utter'd with Reverence and Truth VI. We do not find that Oaths answer this part of the End for which they are imposed viz. To convince those for whose sakes they are taken of the Weight and Truth of a Man's Testimony by Force of God's Witness joyn'd therewith For they don't behold God's concurring Witness by such an Assistance or Avenge of that Party as the Truth or Falshood of his Testimony deserveth for the Judgments of God are secret and rarely so publickly seen to Men perhaps once in an Age that he should give any memorable Discovery of his good Will or Displeasure in such a Case but whenever he doth it it is not at Man's Appointment And it is an evident Sign that God approveth not of that sort of Invocation because he doth not answer them that invoke him according to their Wish as neither did he in the old Law or Custom of Combating appear on his side that had the better Title or Cause as he promised in the Law of Jealousie that their Thigh should rot and their Belly swell c. VII We look upon it to be no less then a presumtuous Tempting of God To summon him as a Witness not only to our Terrene but trivial Businesses such as we should doubtless account it an high Indignity alwaies to solicit an Earthly Prince to give his Attendence about What! Make God the Great God of Heaven and Earth our Caution in worldly Controversies as if we would bind him to obtain our own Ends It is to make too bold with him and to carry an undue Distance in our Minds towards him that made us An Irreverence we can by no means away with and upon which Chrysostom is most sharp as will be seen anon Besides it is vain and insolent to think that a man when he pleaseth can make the Great God of Heaven a Witness or a Judge in any matter to appear by some signal Approbation or Judgment to help or forsake him as the Truth or Falseness of his Oath requires when he saith So help me God VIII Besides what we have hitherto urged in Defence of our selves against the Substance of the Oath we justly except against the Form of it which further adds to its Unlawfulness and consequently to our Vindication as by the Contents and kissing of the Book Swearing by a Sign being Heathenish or Jewish For the Romans held a Stone and said If I deceive wittingly then let Diespiter cast me out of my Goods as I this Stone The Heroes swore by lifting up of the Scepter Caesar swore by his Head his House that is consecrated them to the Wrath of God if he wittingly deceived c. The manner of the Jews is from Gen. 14.22 that Abraham lift up his hand to God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 If c. putting the Hand under the Thigh on the Head passing betwixt Beasts divided as God did to Abraham c. see more in Lapid Sophoc in Antiq. v. 270. Scoliast Baptist Hansen of passing through Fire swearing by the right Hand c. The Use of So help me God we find from the Law of the Almans of King Clotharius The laying on of three Fingers above the Book is to signifie the Trinity the Thumb and the little Finger under the Book are to signifie the Damnation of Body and Soul if they forswear So help me God Further be pleased to consider that the English Custom has very much overgone English Law in this Business of Oaths they were anciently but solemn Attestations As the Lord liveth c. which are now improv'd to Imprecations So help me God and the Contents of this Book Though it was â—o of old at Combat but that concerns not our Case For the Kissing of the Book that is also Novil Indeed after they rise from solemn Attestations to Imprecations the Law required a Sight and Touch of the Book The Saxon Jurors were Sacratenentes In the first Norman Times it was Sacris tactis and in later Writs Evangeliis tactis nay the Priest's Hand was on his Breast in Matthew Paris not upon the Book However Jew and Gentile Superstition and Ceremony have made up the present Form of Oaths which the true Christian-man neither wants nor we conceive ought to perform much less impose where Tenderness by sober Consciences is pleaded and equal Caution offer'd to the Law for the Integrity of Yea and Nay IX But were we also destitute of this Plea and the usual Oaths of our Country the most inoffensively form'd and best penn'd that ever any were we have both the Example and Precept of our Lord and Saviour Jesus Christ to oppose to any such Practice for in all that History delivered to us by the four Evangelists we never read him to have used any further Asseveration then what in English amounts to Verely Verely or Truly Truly I say unto you Thus by his Example exciting us the more readily to obey his express Prohibition of Swearing Mat. 5.33 34 35 36 37. which runs thus Again Ye have heard that it has been said by them of old time Thou shalt not forswear thy self but shalt perform unto the Lord thine Oathes but I say unto you SWEAR NOT AT ALL neither by Heaven for it is God's Throne nor by the Earth for it is his Footstool neither by
perchance may thus contradict If an Oath be forbidden to men and a man imitates God in not Swearing how is it that God is related in the holy Scriptures to swear for he swore to Abraham as Moses witnesseth And it is written in the Psalms The Lord swore and will not repent c. For these things seem to be repugnant to the former and that thereby there is permitted to men a Liberty of Swearing But this is not so nor can any think so For God sweareth by none for how can he seeing he is Lord and Maker of all things But if any thing this must be said that His Word is an Oath inducing the Hearers by a sure Faithfulness that what he promiseth speaketh shall certainly be effected sith God sweareth not as Man but his Word to us is as an Oath for Vâ—rity And speaking to men he is said to swear And this also the Saints do utter after the manner of men that as they themselves speaking would have Credit to be given them so likewise they themselves should give Credit to God For as a man's Word confirmeth an Oath so also those things that God speaketh because of the Firmness and Immutability of his Will are to be reputed Oaths The same also that is there written confirmeth my Saying For the Lord hath sworn and will not repent as a thing not to be retracted by Repenting but certainly to be effected according to the Engagement of an Oath This also God doth declare in Genesis saying I have sworn by myself But that is not an Oath for he swore not by another which is proper for an Oath but by himself which contains not the Estimation of an Oath But this is done that the Sureness of his Promise may appear and how confidently that ought to be believed which is spoaken That sweet Psalmist will witness for me in his Psalm calling God to mind when he saith Where are thy ancieâ—t Mercies O Lord which thou swarest to David thy Servant in or by thy Truth For God sweareth not by his Truth But because he who is True speaketh in his Word That to men is for an Oath unto Belief So God doth not swear after the manner of men neither must we be induced thereby to take Oaths but let us so Say and so Do and so approve our selves in saying and doing that we need not an Oath for the Hearer and that our Words of themselves may have the Testimony of Truth For by that Way we shall plainly imitate God Hilary on Mat. 5.34 XLI Hilary a Father very Famous in the dayes of Constantius Son to Constantine but an Arrian and which was worse a Persecutor so that this Hilary was banished in his Commentary on those words in Matthew Ye have heard that it was said to them of old Thou shalt not Forswear thy self c. thus expresseth himself The Law set a Penalty for Perjury that the Conscience of Religion or Fear of an Oath might restrain the Deceitfulness of Minds for the rude and insolent People made frequent mention of their God by a familiar Course of Swearing But Faith doth remove the Custom of an Oath making the Businesses of our Life to be â—etermined in Truth and laying aside the affecting to deceive prescribing the Simplicity of Speaking and Hearing that what WAS WAS what WAS NOT WAS NOT that the Business of Deceiving might be apparent between IT IS and IT IS NOT and what is more is all of Evil For what is it is its Property alwayes that so it is and what is not it is its Nature that it is not Therefore to them that live in the Simplicity of Faith there is no NEED of the Religion or Superstition of an OATH with whom alwayes what is IS what is not IS NOT And by these both all their Words and Deeds are in Truth Neither by Heaven God not only suffers us not to make Oaths to God because all the Truth of God is to be held in the simplicity of our Word and Deed but also condemneth the Superstition of old Disobedience c. Suarez de Juram l. 1. c. 1 2. XLII The next Testimony we shall pitch upon in Confirmation of our Reasons and the Sense we take our Master's Precept in Swear not at all is afforded us out of the Apostolical Institutions asscribed to Clemens Romanus reported by Suarez in his Book de Juramentis Our Master saith Clemens hath commanded that we SHOULD NOT SWEAR no not by the True God but that our Word should be more credible then an Oath it self Which is a plain Indication of the Apostolical Doctrine to have been the absolute Prohibition of Oaths in that Sense wherein they were only reputed Lawful for if men ought not to Swear no not by the true God then consequently by no other Oath as his following words not only imply but express viz. That the Word of a Christian should be more credible then an Oath it self Again He that in the Law established to Swear well and forbad False Swearing commanded also NOT TO SWEAR AT ALL. Orthodoxagrapha p. 11. LXIII There is a Tract call'd The Gospel of Nicodemus We know it is reputed spurious but that makes nothing against us that disputes the Author and not the Mâ—tter for though Nicodemus never wrote such a Book certain it is that such a Book was written which is in Favour of Christianity as then received In the Place cited Pilate is made to say I adjure you by the Health of Caesar that these things that you say c. They answer'd We have a Law not to SWEAR because it is a Sin Whoever wrote it this Benefit cometh to our Argument that the Christians at that time thought an Oath a Sin for it is not to be doubted but he that gave that Answer knew it to be the Doctrine and Practice of Christians for he was therein to represent them Basilius Magnus on Psalm 14. XLV Basil called the Great another Champion of the like Fame and in the same time of Valens the Persecuting Arrian Emperor by whom he suffered Imprisonment and Cruel Threatnings see their Praises in Socrates Scolasticus on the 14th Psalm with us the 15th He that sweareth and deceiveth not his Neighbour so Basil hath it and upon it these words Here he seemeth to allow an Oath to a Perfect Man which in the Gospel is ALTOGETHER forbidden But I say unto you not to Swear at all What shall we say then That every where the Lord as well in the old as in the new Law hath the same Consideration of Commanding for desiring to anticipate the Effects of Sins and prevent them by Diligence and to extinguish Iniquity at the first beginnings As the old Law saith Thou shalt not commit Adultery the Lord saith Thou shalt not Lust The old Law saith Thou shalt not Kill the Lord ordaining Perfection saith Thou shalt not be Angry So also in this place the Prophet indeed
obliege us B. What if we be drawn by Necessity to give an Oath A. Why didst thou not rather Dye For surely thou shouldst rather Dye then do that B. What if the Books of the holy Scriptures be not used A. What! Is Religion placed in a Leaf Is God absent by this Means It is evident that thou fearest Paper or Parchment and I fear God more This is a frequent Disease to many and usual neither is it otherwise then if a Man beat the Master and Disgrace him and make his Servant a Free-man and do him Honour What a notable Reproach should that be or as if a Man should preserve the King's Image and in the mean time destroy the King B. It is even as thou sayest But I would have thee say what is more to be shewn A. Many use to say I swore with my Tongue but my Mind is free from Swearing Any thing may be more cunningly excused then an Oath Let him not suffer any Colour to be made for himself For this is an Oath And how much Mischief tell me comes from Deceit it self Let us see what an Oath is Nothing else but the very Meaning or Mind of those things which we set down Thou wouldst have me add what remains Surely an Oath is nothing else but a certain Consummation as it were of Mischiefs O Dangerous Flame B. But Plato doth some such thing He is Religiously aware that he swear not by any God A. Truly I know what thou art about to say There was a certain Plane Tree by which alone he made Oath But he did not swear rightly neither by that For he had an Understanding in something but what a just religious Oath should be that he could not understand And what was this tell me now A certain Shadow of an Oath a Declaration without a Name an Oath no Oath as the Philosophers swore by a strange and unknown God Lastly it is nothing else but to make Oath by any thing Here our Speech let be an End Thou threatnest that thou wilt leave me athirst sooner then I would A. If an Oath seem a small thing to thee truly I cannot commend thee But if it is as it is in the number of horrible things I will also dare to produce a mighty thing I do adjure by a very Oath it self that thou abstain from and beware of Oaths and thou hast the Victory B. I wish I had What Fruit gets he that often sweareth Laughter What more That when he speaks Truth he shall not be believed In another place he saith That to swear by Creatures is to swear with regard to God himself so Christ himself saith Mat. 5.35 and chap. 23.16 23. Caesarius Num. 43. XLVIII Caesarius Brother to Gregory Nazianzen in his spiritual Sentences hath this Sentence Flee ALL Swearing or EVERY Oath How then shall we get Belief As well by Speech as by virtuous Actions and Carriages that gain Belief to our Speech Perjury is a Denying of God What need of God in this Matter Interpose and put in ure thy Actions Epiphan adv Heres lib. 1. ord 19. §. 6. XLIX Epiphanius whom Sâ—crates Scholasticus lib. 6. cap. 9. calls a Man of great Fame and Renown and a Virtuous and Godly Person in his first Book against Heresies â—not accounting Denying to Swear an Heresie but rather the contrary as may appear by his words which are these In the Law as well as the Gospel it is commanded not to use another Name in Swearing but in the Gospel he commanded not to Swear neither by Heaven nor Earth nor other Oath but let Yea Yea Nay Nay BE AS AN OATH as Petavius translates it for what is more then these is of Evil. Therefore I suppose that the Lord ordained concerning this because of some mens Allegations that would swear by other Names and first that we must not Swear no not by the Lord himself nor by any other Oath for it is an Evil thing to swear at all Therefore he is Evil that compels not only to swear by God but by other things c. Ambros de Virgin lib. 3. L. Ambrose soon after being a Lay man or Citizen of Milan was by the People against his Will chosen Bishop of that City for his great Worth and Godliness whose Writings are of great Account And speaking of the Inconveniency occasion'd by an Oath saith Wherefore not without Cause doth the Lord in the Gospel command not to Swear that there may be no Cause of Forswearing that there may be no Necessity of Offending He that Sweareth not certainly he never Forsweareth but he that Sweareth sometimes he must needs fall into Perjury because all Men are subject to Lye Do not therefore Swear lest thou beginnest to Forswear Therefore the Lord who came to teach the little Ones to INSPIRE Novices to confirm the Perfect saith in the Gospel YE MUST NOT SWEAR AT ALL because he spoak to the Weak Lastly He spoak not only to the Apostles but to the Multitude for he would not have thee to Swear lest thou shouldst Forswear And he added Not to swear neither by Heaven nor by the Earth c. namely by those things that are not subject to thy Power The Lord Sware and shall not Repent He may swear who cannot repent of his Oath And what did the Lord swear That Christ is a Priest forever Is that Uncertain Is that Impossible the Lord has sworn Can it any way be changed Do not therefore use the Example of an Oath because thou hast not Power to fulfil an Oath Also in his Commentary on the Hebrews he saith Because Mankind is incredulous God condescendeth to us if even he sweareth for us So that he shews that not to be an Argument for Swearing to be desired seeing it is only in Condescension to a Defect not to be encouraged from it to swear or to require it Chrysost on Gen. hom 15. LI. Chrysostom in those dayes very Famous in the Church and therefore styl'd the Golden Doctor in his 15th Homily on Genesis saith A Christian must flee Oaths by all means hearing the Sentence of Christ which saith It was said to them of old Thou shalt not Forswear But I say unto you SWEAR NOT AT ALL. Let none say therefore I swear in a Just Business IT IS NOT LAWFUL TO SWEAR NEITHER IN A JUST NOR UNJUST THING To swear is of the Devil seeing Christ faith For what is more is of Evil or the Evil One. Swearing took not its Beginning from the Will but from Negligence only Thou hast heard saith he the Wisdom of Christ saying That not only to Forswear but also in ANY MANNER TO SWEAR is Devilish and all a Device of the Evil One. IF TO SWEAR IS FOUND TO BE DEVILISH how are they to be punished who Forswear IF TO SWEAR TRULY BE A CRIME and a transgressing of the Commandment where shall we place Perjury Speaking of a
Christian so call'd for he that dare do such things we cannot call a sincere Christian whom he saw compelling a certain Honest Ingenuous Modest and Faithful Matron to go into the Jews Synagogue there to be Sworn about some Business in Controversie betwixt them she desiring Help and imploring to be freed from this Wicked Force c. I saith he kindled with Zeal arose and not suffering her to be further drawn into this Prevarication rescued her and enquired of him that had drawn her to it Whether he were a Christian or not Who confessing he was I severely urged and upbraided him with his Folly and Extream Madness to go about to draw any Body he professing himself to be a Worshipper of Christ TO THE JEWS DENS who had crucified him And going on in speaking I taught him out of the holy Gospel THAT IT IS NOT LAWFUL TO SWEAR AT ALL NOR TO INCITE ANY TO SWEAR after that not one that is a Believer or initiated no nor one that is not initiated to be drawn to that Extremity After I had spoaken much and a long time of it I delivered his Mind from the Error of Opinion c. Be pleased to observe how Chrysostom a Zealous and Famous Man both for his Books and the Persecution that he suffered being Patriarch or Prime Oversees of the Church at Constantinople one of the Four of the chiefest in the World uses no Distinction of private and publick Oaths the common Talk of our Imposers for here he labours against drawing any to Swear at all even in Judicature because it was not lawful TO SWEAR SO AT ALL no not as the Jews swore much less as the Gentiles Again Let none say to me What if any lay on me a Necessity of Swearing And what if he do not believe Certainly where the Law is violated one must not make any mention of Necessity for there is one unavoidable Necessity NOT TO OFFEND GOD. Moreover this I say That in the mean time we may cut off superfluous Oaths those I mean which are made rashly and without any Necessity amongst Friends and Servants And if thou take away these in the other thou shalt need me no more For that Mouth which hath learned to fear and flee an Oath if any would compel it ten thousand times it will never admit of falling into that Custom c. But if thou fear nothing else at least fear that Book which thou takest in thy hands bidding another to Swear and when thou turnst it and markst what Christ hath there commanded concerning Oaths QUAKE FORBEAR What doth it say then of OATHS there Answ But I say unto you Swear not at all Dost thou make that Law an Oath which forbids to Swear Oh Injurious Oh Unjust thing For thou dost as if a man should take for his Companion a Law giver that forbids to kill and command him to be made a Murderer As therefore when a Fight is begun although we are often Reviled yet we endure it well and we say to him that doth it that Patron of thine hath hurt me he holds my Hands and this serves us for Solace After the same manner if thou wilt exact an Oath of any restrain thy self and with-hold and say to him that is about to swear What shall I do to thee sith God hath commanded neither to swear nor to compel to swear he now with-holdeth me This is enough for the Law-giver's Honour for thy Security and his Fear who should swear Do thus much for me therefore that they that come hither may say That is not to be seen in any City which is at Antioch For they that inhabit that City had rather their Tongues should be cut out then an Oath should proceed out of their Mouth c. What is it Thou shalt render unto the Lord thy Oaths that is in swearing thou shalt speak true But I say unto you NOT TO SWEAR AT ALL And then to put off the Hearers that they should not swear by God he saith Neither by Heaven for it is the Throne of God nor by the Earth for it is his Foot-stool c. For he said not because the Heaven is Fair and Great nor because the Earth is Vile but because that is the Throne of God and this his Foot-stool by all which he drives them to the Fear of God What then if any require an Oath and impose a Necessity of Swearing A. Let the Fear of the Lord be more forcible to thee then all Necessity or Compulsion For if thou wilt alwayes object such like Occasions thou wilt keep none of those things which are commanded For thou mightst also say it concerning thy Wife What if she be a Scold What if she be Nice and Curious And of thy Right Eye What if I have a Delight in it and be inflamed with the Love of it c. and so thou wilt trample upon all things that are commanded But in the Laws which Men command thou darest alledge no such thing as What if this or that c And if thou wilt keep the Law of Christ thou wilt not suffer any Compulsion to hinder thee from the Observation thereof for he that heard the Blessedness that is before in the same Sermon and shews himself such an one as Christ commendeth he shall suffer no such Compulsion from any seeing he is Venerable and Admirable with all Men. What then shall we say is beyond Yea and Nay A. Without doubt AN OATH not Perjury sith this is altogether manifest and none needs be taught that it is of Evil and not so much Superfluous as Altogether Contrary Now that is superfluous which is added needlesly and too much which surely is an Oath Why then shall this be said to be of Evil And if it was of Evil how was it commanded in the Law A. Thou wilt say that also concerning thy Wife How is it now Adultery which was sometime suffered What then shall we say to these things But that many of those things which were then spoaken the Weakness of them that received the Law required For it is a thing very unmeet for God to be worshipped with the Smell of Sacrifices even as it is not congruent for a Philosopher to stutter and bable Therefore such a Divorce is now called Adultery and an Oath now comes of Evil when the Increasings of Virtues are come to their Perfection But if these things had been the Laws of the Devil from the beginning they had never come to such Proficiency for unless those things had gone before those other had never been so easily received Do not therefore desire the Virtue of those things whose Use is now past They were available indeed then when the time required yea if thou pleasest now also For now their Virtue is shewn in that same thing also wherein we most accuse for that they now appear such
Nations both High and Low Dutch to have refused all Swearing as well by God as by Creatures in any Case private or publick Though such as admit of Oaths in some Cases labour as John Fox in England and the Calvinists abroad to ecclipse and mutilate their Testimony as if they were one while only against Book-Swearing as being a Creature another while only against Swearing in Private Cases another while as J. Fox relates in John Burrell That it is not lawful to swear but in Case of Life and Death c. But most evident it is that they were against All Swearing or Swearing at all else why should they so frequently alledge Chrysostom who though he accounted swearing by Creatures a more execrable Sin then to swear by God yet constantly counted Swearing at all a Sin in Christians as cleaving to that which Christ had abrogated being only permitted to the Jews for the Hardness and Blindness of their Hearts their Unbelief and Propensity to follow the Course of the Heathens and swear by their Gods Let it not be forgotten that Chrysostom not only inveighs against them that bring forth the Book to swear by because it is a Creature but that he also upbraided them with Impudence and Audaciousness that dare make use of that Law to administer an Oath by that so strictly forbids an Oath Ridiculous it is to make them deny Swearing only in private Cases and to be ready to swear in Case of Life and Death For where is there any Shadow of such a Law And how should those Honest Men invent one Christ's Law we read Mat. 5. The Doctors Chrysostom and Jerom's Judgment whom they had mostly in their Mouths we have repeated here at large in which is not the least Restriction These Good Men then must needs be understood to take the Law of Christ either to have forbidden Swearing in any Case and then not to swear in Case of Life or not to forbid Swearing at all and then they not only might swear to save their Lives but Liberties and Estates and ought so to do But we hope there can be no room left for this Objection XCII The LOLLARDS of Kille in Scotland were against all Swearing as both Spotswood in his Chronicle doth relate and the Book called The History of the Reformation of the Kirk of Scotland XCIII MICHAEL SADLER an Eminent Man call'd a Lord was Cruelly Tortur'd and put to death by some Papists under the Emperor of Germany whose Brethren were also Executed with the Sword and his Wife and Sisters Drowned Ann. 1527. One Article alledged against him was that he had said That men should not Swear to or before the Magistrate XCIV The CHRISTIAN-PROTESTANTS in the Valley of Piedmont who were Cruelly Tortured to Death by the Papists about Ann. 1655. One Article alledged against them was That they believed it was not lawful to Swear any thing be it True or False XCV GERARD SAGARELD of Parma and his Followers Denyed all Oaths and Vows So did several in Germany mention'd by B. Usher in his Book De Successione In Germany Jury and Swearing is well excluded and need not much to be required XCVI ERASMUS Now ye shall hear another thing Commandment was given unto your Elders none otherwise but if they had made an Oath they should perform it and not be Forsworn for now they are bound to God and not to man only Wherefore among the Jews only Perjury is punishable but he that deceives his Neighbour without any Oath made he goes unpunished but yet the Law of the Gospel condemneth him the which that ye may be the more remote from Perjury doth utterly condemn all manner of Oaths that it is not lawful to Swear neither by God nor by those things which seem to the Common Sort to be things of less Religion that is Neither by Heaven because it is the Seat of God nor by the Earth because it is his Foot-stool nor by Jerusalem because it is the City of the Great King that is to say of him that hath made all things Neither as the Heathen swear by the Head of another Man whereof thou hast no Authority but it is consecrate to God that hath made all things as he would for thou canst not make one White Hair Black nor the contrary And because all things are consecrate to God the Maker thou oughtest to be fearful to swear by any thing And what needeth any Oath among them where no man because of their Simplicity can distrust nor no man can desire to deceive though they might do it Such is their Sincerity and Perfectness specially in those things of the which they declare themselves to be Despisers Therefore among you plain and simple Speech ought to be more holy and more sure then the devout and solemn Oath among the Jews For among you whose Hearts and Mouths ought to agree there is no other use of Speech but to express your Minds each to other In your Bargains ye need no Oath ye need no Execration or Cursing or such like to bind the Promiser or to assure him to whom the Promise is made Two Words be sufficient Nay and Yea whereby thou denyest that which thou dost not promise and whereby thou dost perform that which thou didst promise by plain Word that thou wouldst do For there is no man less bound by his simple and bare Word then the Jew Swearing by all holy Things and he whom thou makest thy Promise unto doth trust thee as much as if thou hadst made a solemn Oath If there be any more besides these it must needs come of Evil and Sin For he that sweareth either be thinketh Evil of him to whom he sweareth or else he that requireth the Oath doth distrust But none of these ought to be in you whom I would have perfect in all Points Therefore when I utterly forbid Swearing I do not abolish the Law which doth prohibit Perjury but I make the Law more full and I with-draw men further from that which the Law doth punish Let your Mind be pure and plain and let your Heart and your Mouth go both together Let no man with feign'd words deceive his Neighbour But especially my Brethren Swear Not lest by little and little you accustom your selves to Forswear Among Jews and Heathens for Fidelity's sake there is an Oath put But among Christians which ought neither to distrust any man nor to deceive it is a Vain Thing to Swear Whosoever is accustomed to Swear is Cousen-german to the Peril of Forswearing Be you afraid not only to Swear by God in humane Affairs and in light Matters but also abstain from all kind of Swearing that you Swear neither by Heaven neither by Earth or any other thing that the Common People esteem for Holy and Religious Whosoever dare be bold to Lye without Swearing he dare do the same also when he Sweareth if he list To be brief He that is a good man
NOT at all c. for this much more becomes the Simplicity Sincerity Piety and Modesty of Christians for nothing is more Simple Brief and Effectual to perswade the Badness and Naughtiness of Men being removed then a single Affirmation or Denyal although there were no Danger of Perjury In this Sense in a Manner do mostly all the graver Authors interpret that Place of the Gospel or Command of Christ of Not Swearing at all but especially Augustine lib. 4. of the Lord's Words in the Mount Câ—p. 30. and 31. and in his Book de Mendacio cap 15. and Epist 154. to Publicola and often else-where For which Interpretation or Understanding votes also Philo Judaeus in his Book of the Decalogue Tom. 2. p. 129. where treating of an Oath he thus congruently writeth Men sin in this Respect many and divers Wayes therefore it will be most profitable and most agreeable to the Reasonable Nature to abstain ALTOGETHER from Swearing and so to accustom to Truth that simple Spâ—ech may have the Force of an Oath c. Which Things Philo in the same Place pursues to the same Sense very congruently in the Gospel that which also he confirms in his Book of Special Laws Tom. 2. pag. 137. And afterwards If therefore as I said before Christ the Lord for the Danger of Perjury and also for the Reverence or Religion of an Oath commands his NOT to Swear at all though otherwise it be true which they affirm If I say there be so much Reverence of an Oath how great is the Perfection It is not likely nor agreeable to Reason that the Lord Christ the Patern of true and solid Virtue every Action of whom is our Instruction did Swear so often that is should swear as often as he used this Form Verely verely I say unto you c. For how can every moral Action of his or in his Conversation be our Instruction or Example if he so frequently and every where seems to do that which he so vehemently and earnestly commanded his even his chosen Disciples that is his Apostles that they should not do it at all Yet Augustine in his Book of the Apostles Words Ser. 30. seems by his Authority to create some Scruple and Ado for us inasmuch as he seems to censure and say That it is a kind of Perjury when any wittingly willingly that is with certain Reason and Will or of set Purpose useth this Word VERELY to confirm any Thing Yet if we diligently mark and weigh the Words of St. Augustine there he intends no other then what we intend acknowledge and confess and is necessarily to be confessed namely that he which from a false Opinion and Perswasion and an Erroneous Conscience as Divines call it thinketh and believeth that he Sweareth in very Deed in using this Word as if this Word were an Adverb of Swearing that sometimes he happens in a Manner to Forswear if that which he affirms in this Manner be false yet this is accidentary and adventitious namely by the Intention of him that sweareth of his own Will or rather Error or Ignorance and not by the Force and Propriety of the Word Amen or Veâ—ely seeing as we have said even now that it is not a Word or Note of Swearing but rather of confirming as we confess and the same St Augustine teacheth else-where but especially in Tract 41. on the Gospel of John on those Words of Christ the Lord Verely verely c. where Augustine moderating his Words saith thus Verely verely is if we may so say in a certain Manner a Swâ—aring of Christ Now these Words of Augustine are to be weighed he dealeth not simply but with an Additament and Caution Verely verely to be if it be lawful to say it after a Manner a Swearing of Christ for so he declares plain enough that Verely verely is not properly â—wearing or a Note of Swearing but only improperly and after a certain Manner viz. So far forth as Christ the Lord doth familiarly use this Word as Swearing although in very Deed and properly it be not an Adverb of Swearing but rather affirming and asserting simply and in good Faith to gain a better Perswasion of the Matter or Doctrine for Christ never seems to have Sworn if we will â—peak truly and properly of Swearing but alwayes us'd a simple Speech though sometimes by amâ—sicationem he hath used this even repeated I say for the â—reater Perswasion of his Heavenly Doctrine that by this â—eans he might give his an Example of Not Swearing rashly and every where as we have already said to whom he plainly commanded saying Swear not at all c. but c. so great is the Religion of Swearing and the Danger of Forswearing The Approbation and Commendation of the Doctors of Paris We have carefully read these Commentaries on the Epistles of St Paul and Timothy and Titus wherein the most Learned Author according to the great Learning wherein he excells largely and elegantly opens the more hidden Senses of the Apostles and we have thought them worthy to be printed for publick Profit Act Par. 16. Feb. 1610. F. Coeff F.J. Tourn c. CXI LODOVICUS PIUS Emperor who in his Prologue saith That from his Youth by Christ's Inspiration he had the Desire of the Worship of God Capitul Addit 4. Tit. 96. Of not Swearing That every one beware of Swearing because Forswearers as also Adulterers shall not inherit the Kingdom of God CXII King LUITPRANDUS The Law of the Lumbards Tit. 28. Law 2. If he that enquires concerning Theft believe not the Witnesses the Witnesses may confirm it with an Oath except they be such Persons as the King or Judge may trust without an Oath CXIII The Emperor LOTHARIUS Of the Law of the Lumbards Tit. 3. Law 10. Of those that enforce Payment of Tythes we will not have them to be constrain'd with an OATH for Fear of Forswearing CXIV Of the Law of the VISOGOTHS L. 2. Tit. 1. Law 23. which was ancient Let none come easily to an Oath For the true Search of Justice rather commendeth this that the Scriptures in all things may intercur and the Necessity of Swearing may altogether suspend it self Thus much against Swearing from several Roman Doctors and others We shall in the next Place produce the Judgment of those Men who run not so high in their Censure of Oaths as the Persons that we have hitherto cited but that believe it is not unlawful in any Case to take an Oath and from them we doubt not to make appear that it is best Not to swear at all so far they from pleading for Swearing or punish those that conscientiously refuse it CXV WILLIAM TINDAL saith Our Dealing ought to be so substantial that our Words might be believed without an Oath Our Words are the Signs of the Truth of our Hearts in which there ought to be pure single Love toward thy Brother Again he sayes Swearing can only be allowed in Charity
where Yea and Nay have lost Credance however that no Judge or other ought in any Case to compel any Man to swear against his Will Peter Martyr who deserves well of the English Protestants confesseth That Christians ought to live so Charitably and Uprightly as not to need an Oath and that they may not be called upon to Swear Again Let us so live that there may be no need for us to Swear either by God or any other Thing at all and this sayes he is that same AT ALL which Christ spoak of N. Zegerus upon Mat. 5.34 tells us That the most Ancient Writers from thence concluded all Oaths forbidden and that the bare Word of Christians ought to be more Sacred and Firm then the most Religious Oaths of the Jews CXVI H. GROTIUS a great Learned Man excludes all Oaths not only such as are used in common Conversation but such as relate to Trade or pecuniary Matters allowing some othâ—rs for avoiding Infamy for preserving a Friend for a great Service to their Country as not morally necessary and by Precept but only by Consequence and Remedy concluding that it is best to live so as not to need an Oath And so both many of those Oaths imposed upon us are laid aside by him and also he gives many Cautions shewing that it is best not to Swear at all if it may possibly be avoided But in Answer to his Interpretation All Oaths are forbid that are performable to the Lord Now unles the vain inconsiderate Oaths such as are used in common Traffique are only those that are to be perform'd to the Lord Solemn Oaths such as the Law allow'd are also prohibited Besides the Yea and Nay of a true Christian is as capable of all those good Services as an Oath if the Sanctity of his Faith and Profession be allowed And if any Prejudices come to a Man's Friend Country or Self because his Yea and Nay is rejected it will never lye at his Door who offers all Christ permits him and his Conscience will dispense with but on the Distruster's Side especially when he that in Conscience can't Swear offers as large CAUTION as he that SWEARS and is willing to undergo Equal Punishment in Case of Vntruth that the other by Law sustains for Perjury And those that will have it to relate to Rash and not Judicial Oaths quite cross the Text for Christ prohibits not only vain and superfluous Oaths as now called such as were alwayes unlawful even under the Law but such as were allowed in the Times of the Law rendring them also by Evangelical Verity under the Gospel Vain superfluous and Vnlawful For well said Bp. Sanderson No Need to forbid by a new Command Things that of themselves were alwayes unlawful Otherwise we must read Christ's Words thus Ye have heard by them of Old Time thou shalt not forswear thy self but shalt perform unto the Lord thine Oaths but I say unto you Swear not at all except before a Judge as if Swearing before a Judge under the Law were not an Oath performable to the Lord and such it self the Place most expresly forbids or thus Of Old it was said thou shalt not forswear thy self but let your Yea be Yea and your Nay Nay thâ— is perform to God thine Oaths in Truth and Righteousness But I who say more then was said of Old say unto you Swear not at all but perform thine Oaths to God in Truth and Righteousness The Inconherence of which must needs be obvious to every considerate Person yet it is the only Reading that â—an be left upon those Interpretations We say that what God dispensed with under the Law he resolved to remove under the Gospel and to wind up Things to a higher Pitch of Truth Righteousness from Adultery in the Act to Adultery in the Thought from Revenge to Sufferance from True Swearing to NO Swearing at all whereby all Abuse of Oaths and Perjury come to be removed with the Oaths themselves by working out of Man's Heart that Fraud and Falshood that brought them in and implanting Evangelical Verity in room thereof which speaketh the Truth the whole Truth and nothing but the Truth to his Neighbour and makes a like Matter of Conscience to tâ—ll a Lye as to Forswear And it is known to Almighty God and we most heartily desire it may be known and belived by you that we have no other End nor Inducement to this so general Refusal we are found in throughout the Nation CXVII Bp. USHER is so tender in this Point that set aside his Vindication of the Waldenses in his Sum of Christian Religion he makes it necessary to the taking of an Oath that it be considered First If the Party we deal with really doubt of the Thing we affirm or deny thereby making Distrust the Cause of Swearing and implying that not Custom but real Diffidencâ— should only continue Swearing consequently not to continue where Distrust is done away Secondly It is to be weighed if the Party's Doubt whereof we speak be Weighty and Worthy of an Oath which we fear is seldom thought upon Custom prevailing even to Triffles as well as most excessive vain Swearing in Common Conversation Thirdly If the Question be Weighty wâ—eâ—her saith the Bishop the Doubt may be ended with Truly or Verely or doubting it Verely Verely as Christ did for you by his Example we ought to forbear an Oath Mat. 5.37 Wherefore should it not especially among Christians Fourthly Whether there be not yet any other fit Means to try out the Matter before we come to an Oath This is our Case and we make it our Sober Request that it would please you to consider this Particular for doubtless an Expedient may very easily be found without bringing us under the Bondage of an Oath CXVIII JER TAYLER Chaplain in Ordinary to K. Charles I. and late Bishop of Doun and Conner in his Book call'd ' 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Course of Sermons London printed 1673. Serm. Of Christian Simplicity fol. 228. Thus Our blessed Lord would not have his Disciples to Swear at all not in publick Judicature if the Necessity of the World would permit him to be obey'd If Christians will live according to the Religion the WORD of a Christian were a sufficient Instrument to give Testimony and to make Promises and to secure a Faith and upon that Supposition Oaths were useless and therefore forbidden because there would be no Necessity to invoke God's Name in Promises or Affirmations if men were INDEED Christians and therefore in that Case would be a Taking in vain But because MANY are not and they that are in NAME oftentimes are in nothing els it became necessary that Men should Swear in Judgment and in publick Courts But consider who it was that invented and made the Necessity of Oaths of Bonds of Securities all the Artifices of Human Diffidence and Dishonesty These Things were indeed found out by Men but