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A27407 A true testimony concerning oaths & swearing &c. as also an answer to the subject matter contained in twelve arguments or reasons laid down in a sermon preached at Carlisle, Aug. 17, 1664 by Allan Smallwood ... to prove that our savior did not forbid all swearing : wherein is fully cleared the command of Christ and his apostle James swear not at all ... / by Ger. Benson. Benson, Gervase, d. 1679. 1669 (1669) Wing B1902; ESTC R23682 37,196 48

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Unbelief of Man in God his Word and Truth of which Transgression was the first ground or cause which not being any fruit of the Spirit of God as true witness-bearing is entred into the World and the World into Mans heart by sin and death And therefore an Oath and Swearing is not any part of the worship and service of God now under the Spirits immediate Administration And the Law having but a shadow of good things then to come therefore could never make the Comers thereunto perfect as the bringing in of a better Hope doth And so Christ Jesus the true and faithful Witness that ends the Controversie between God and Man being the End of the Law under which the Oath for confirmation was to be unto them that were under it an end of all controversie and strife amongst men for Righteousness to all that believe which Law not being of Faith was to be taken away or out of the way when Faith was come which was before the Law which is not of faith was given or any Oath or Swearing was For as the Love of God to Israel appeared in giving them his Laws and Statutes notwithstanding they could not accomplish their eternal Peace and Happiness by reason of the weakness of the flesh neither could be taken away nor they freed therefrom until they were fulfilled and the end accomplished for which they were given Even so the Riches of the Love of God appeared in sending forth his Son to effect that which the Law could not do for man neither could man free himself from who being manifested in the flesh the Oath and Covenant of God was fulfilled in him And to as many as received and do receive him by believing in his Word which is night in the heart to do thereafter the heart cometh to be purified and made clean and being prepared by the Lord cometh to witness and feel the Love and Power of God to quicken it and enable it to every good work So that a good man out of the good treasure of his heart bringeth forth good things Mat. 12.35 Speaking the Truth to and witnessing the Truth for his Neighbour according to and from a good understanding And thus the righteousness of the Law cometh to be fulfilled by Christ in us who walk not according to the Flesh but according to the Spirit and the end of God in giving the Law accomplished according as it 's written 1 Tim. 1.5 The end of the Law is love out of a pure heart and of a good Conscience and of Faith unsained So that the Law which required an Oath in witness-bearing nor any other part of the Law by Christ or any that are of him is not frustrated neither destroyed but the righteousness of the Law by true witness-bearing is fulfilled And being fulfilled was by Christ according to the will of God disanulled abrogated abolished and taken out of the way with all Oaths Swearing and Signs that were required by it And in the stead and place thereof the Law of the Spirit and of Faith the true witness-bearing as it was in the beginning before any Oath or Swearing was established by Christ in the House of God for ever By which Law of Faith the Victory over the World Sin and Unbelief cometh to be witnessed the first ground or cause of Swearing in the World And now the Righteousness of God without the Law written which is not of Faith is manifested by the Light of Christ that shineth in mans heart for to give unto man the knowledge of the things that are immediate of the Spirit and therefore are spiritual not moral being witnessed by the Law and the Prophets according to Rom. 3.21 And is not now called the Works of the Law but the Fruits of the Spirit which as the Apostle faith Ephes. 5.9 is in all Goodness Righteousness and Truth And Gal. 5.22 23. is Love Ioy Peace Long suffering Gentleness Goodness Faith Meekness Temperance c. And so the Cause being removed the Effect ceaseth From all which it is evident That true Witness-bearing was before any Oath or Swearing was And the Law that is Perfect and Eternal was though hid from their Eyes whose Minds were alienated from the Life and Light of God because of the hardness of their Hearts before the Law in the Tables of Stone was written And the Lord was worshipped in Spirit and Truth before any Oath or Swearing was And therefore an Oath and Swearing neither is nor ever was any part of the Law eternal nor of Faith neither any essential part of the Worship of God in Spirit and Truth which is unchangeable and spiritual So that the laying aside or taking away of an Oath and Swearing in witness-bearing is not to destroy witness-bearing but the reducing it to its Original Verity and Purity as it was in the beginning from all Oaths and Swearing which was added for a time to wit till the true Witness Christ Jesus and the true witness-bearing was made manifest and restored according to the Prophesies that were written of and concerning Christ And as true witness-bearing was in time before any Oath or Swearing was and therefore an Oath and Swearing was not neither is of the essence and substance of true witness-bearing even so the Truth was before any Lye although the Lyar is more ancient than the Swearer Now these things being so why should men professing God and Godliness and Christianity go about to continue an Oath and Swearing in witness-bearing under the Gospel which is everlasting and was preached to Abraham before the Law of Oaths was or any Swearing was commanded or required by God Gal. 3.8 which had its beginning and ending in time not being of the Law of Faith that abideth for ever and therefore was and is changable being of those things that might be shaken and so to be removed That true witness-bearing which being of Faith and therefore cannot be shaken may remain Therefore O ye called Christians let it not seem to you a thing so grievous to have the Bondwoman Unbelief and her Son Swearing cast out for assuredly it must not inherit the Kingdom of God with the Son of the Freewoman True Witness-bearing And now these things thus premised being a true Testimony concerning Oaths and Swearing c. I proceed to answer the subject matter contained and laid down in Twelve Arguments or Reasons whereby Allan Smallwood hath endeavoured to prove but in vain that our Saviour did not forbid all Swearing when he said unto his Disciples Swear not at all c. Mat. 5.34 Arg. 1. The first Argument as it is stated by A. S. in his Reply to F. H. his Book intituled Oaths no Gospel Ordinance c. is That the Father and the Son are one and the same God immutable in Nature and Will for mutability would argue imperfection and consequently cannot issue forth contrary Commands for that would evidence a contrariety or mutability in their Will And the Father having
fully supply where it is received Nay there is much more surety to our Neighbour by true witness-bearing than by swearing because a true witness will not lye The fourth Argument is thus formed Arg. 4. That interpretation of our Saviours words Swear not at all which renders the following words vain and impertinent is false c. Answ. That Christ intended what he said I hope no Christian will deny And that those words Swear not at all were spoken by Christ and are in themselves a prohibition of all swearing whatsoever is evident And that they were spoken by Christ not by way of compliance with what had been said before to them of old time but in the contrary thereof is apparent by the words But I say unto you Swear not at all Which words if they signifie nothing but what was before said Then should they not only be to no purpose but hurtful by making the case of swearing more dark and questionable than it was before under the Law which for any man to affirm were a great injury to Christ Jesus the Wisdom of God And therefore Christ having spoken all those words But I say unto you Swear not at all neither by Heaven c. And that in the contrary of what was said before as the word but and the words not at all do import It is manifest that Christ did in that command Swear not at all forbid somewhat that was not forbidden by the Law And consequently all swearing whatsoever whether by the Lord or by the Creatures And that Christ added neither by Heaven the Earth Jerusalem the Head they being the chiefest of the visible Creatures all the other creatures being the lesser or inferiour are included the greater comprehending the less so that the words following and precedent are all significant and useful For being the words of Christ not any of them are to be rejected but all and every word established And therefore it were more beseeming Christians to give all diligence to observe the Law and Command of Christ then to invent and frame Arguments against his words which are in themselves plain and have no ambiguity in them and being so according to the rule when in words there is no ambiguity there no Exposition is to be made against the words expressed For in doubtful speech we utter not a doubtful sence but only that which we mean Therefore he which speaketh one thing and meaneth another neither doth he utter that which the word signifieth because he meaneth not so neither that which he meaneth because he speaketh it not Which for any man to affirm of the words of Christ Swear not at all were as before is said a great injury to Christ the Wisdom of God and to the Spirit of Truth from which the Scriptures of Truth were given forth All which words of Christ being in themselves prohibitions of Swearing and no exceptions as the words of Christ in the case of Divorcement were where it 's said Except for the cause of Fornication do the more confirm and illustrate the extent of the Command And being the words of Christ the Wisdom of God they are neither vain nor impertinent No more than those words in the fourth Commandment In it thou shalt do no manner of work nor thy Son c. All which were included in those general words before-going Remember the Sabbath day to keep it holy Or the enumerating all those words written in the Tables of Stone which were all briefly comprehended in those few words Thou shalt love the Lord thy God with all thy heart ' And thy Neighbour as thy self And yet the Wisdom of God which is wiser than men knowing whereof we as men have need spoke all those words in the Law And where the Law-giver hath made no exception he to whom the Law is given ought not And so I conclude That the Law of Christ Swear not at all is perfect and a full prohibition of all swearing unto his Disciples and being perfect no man ought to add any thing thereunto or diminish any thing from it And so I proceed to the fifth Argument Arg. 5. Nothing that of it self is not intrinsically evil is forbidden by Christ and that is proved by induction But Swearing is not of it self intrinsically evil And therefore Christ did not forbid it Answ. The thing in Dispute is not Whether Christ did ever forbid any thing that was not of it self evil But whether Christ hath forbidden all Swearing Which that Christ hath forbidden all swearing his own words which are the interpreters of the heart do prove And one single testimony of the Scriptures of Truth is of more strength than a thousand surmises or meer humane witnesses And therefore Swearing being forbidden by Christ Mat. 5.34 it is the duty of Christians to apply themselves to yield obedience to his Command and not to frame Arguments to evade the same or to ask a Reason wherefore he so did And yet we read That God commanded Circumcision and Sacrifices which in themselves are not evil and yet forbidden in the New Covenant And we also read That God forbad Adam to eat of the Tree of Knowledge of Good and Evil which Tree and its Fruit of themselves were not intrinsically evil And the use of several other Creatures under the Law was forbidden the People of Israel And what God the Father did forbid it was by his Word And Christ the Word and Power of God he forbid his Disciples to go into the way of the Gentiles and not to enter into any of the Cities of the Samaritans Mat. 10.5 And he charged his Disciples they should tell the Vision to no man until c. Mat. 17. 9. And that they should call no man Master upon the Earth Mat. 23. 9. None of which of themselves were intrinsically evil But that which concerns us as Christians and so under the Law of Christ is not so much to enquire whether or no such a thing be good in or of it self But whether or no it be good for us to practice yea or nay For as said the Apostle What is not of Faith is Sin And therefore that is good for Christians to do which the Lord requires of them But to proceed to the sixth Argument the force whereof is this Arg. 6. Either Christ forbad not the taking of an Oath upon just occasion or else St. Paul though assisted by the Holy Ghost understood not the Text. Or If he understood it he acted against it and that not rashly but upon deliberation Because in his Epistle he calls God to witness which is a formal Oath Answ. That the Apostle Paul did know the mind of Christ in that Precept Swear not at all is believed But that he acted contrary contrary thereto when he said God is my witness or called God to witness is denied For as he knew Christ had forbidden all swearing he also knew that Christ was the true and faithful Witness the first and the last
and came to restore the true witness-bearing as at the first which was and is the Righteousness of the Law of Oaths And the Apostle being an able Minister of the Spirit not of the Letter he was come to see the End of that which was abolished and preached the everlasting Gospel the word of Faith which was and is the Word of Truth the Author of true witness-bearing which was before any Oath or Swearing was And so as Christ his Lord and Master had done before when he said unto Pilate For this end was I born and for this cause came I into the world that I should bear witness unto the Truth Joh. 18.37 He in obedience to his Lord and Master did bear witness to and of the Truth And in witness-bearing did as the Servants of the Lord do call God to witness or appeal to the witness of God in men concerning the truth of what he declared without observing any set forms of words And as Sarai had done before when she said unto Abram The Lord judge betwixt thee and me yet did not swear at all But A. S. saith That calling God to witness is a formal Oath● because there is an attestation of the Name of God Answ. That the Name of God was used in witness-bearing before any Oath or Swearing was doth appear Gen. 3.3 where Eve before the Fall in witness-bearing used the Name of God when she said God hath said Ye shall not eat c. yet did not swear at all And Sarai after the Fall did use an attestation of the Name of God in witness-bearing when she said unto Abram The Lord judge betwixt thee and me Gen. 16.5 and yet Sarai did not swear at all in so doing And therefore the calling of God to witness or saying God is my witness c. without adding of somewhat more is neither Oath nor Swearing For if such attestations or mentioning the Name of God without somewhat more were swearing then it would follow That People did swear oftentimes in their Prayers As when they use that expression Oh God the Father of Heaven c. O God make haste to help us Amen Amen c. which for any to affirm were a great injury to the People Again If a bare attestation of the Name of God by what terms soever expressed were an Oath and Swearing without adding of some what more Then would the Magistrates in Judicial proceedings in cases where an Oath and Swearing is by the Law required receive such Attestations of the Name of God without denying them for Oaths and Swearing But such Attestations or the like without adding somewhat more is denied by the Magistrates in Judicial proceedings c. Therefore they are no formal or legal Oaths without addition of somewhat more which somewhat more being more than yea and nay cometh of evil For it must be confessed and it is the chiefest ground or cause that is alleadged for the lawfulness of some swearing under the Gospel that it is necessary for the ending of Controversies and Strife in Judicial proceedings c. That if an Oath or Swearing were lawful in any case whatsoever it must be in Judicial proceedings c. And I do not find in the Scriptures of Truth That any Oath was lawful but in such proceedings or the like emergent occasions All vain and prosane Oaths being forbidden by the Law And as the lawful use of Oaths under the Law was in legal or judicial proceedings so the definition or determination of what was a legal Oath or Swearing and what was neither Oath nor Swearing was by the Law and the Ministers of it and not by private or particular men For at this day there are several kinds or forms of Oaths required by the National Laws And yet the bare Attestation of the Name of God without addition of somewhat more is not answerable to any of them neither doth fully answer the requiring of the Law as the daily practise of the Law in the Courts of Judicature doth manifest which practice doth declare what a legal Oath is in the judgment of the National Laws And for illegal Oaths A. S. I hope will not contend By which Laws also it doth appear That the Law doth put a difference betwixt an Oath or Swearing and Witness-bearing and doth not confound them together as many men do As for instance in one particular When a Party or a Witness doth appear to answer a Libel or to give Evidence in the Ecclesiastical Courts upon his Appearance in the Court he is required to take his Oath and then the Book being held the Party having laid his hand thereupon some words being spoken to him by the Judge of the Court and after the Party having kissed the Book then is the Party said to be Sworn or to have taken his Oath And being so Sworn he is admonished to give in his Answer or his Evidence as the Case is at or before such a time so that the Evidence after given into the Court is the Witness-bearing and not the Oath which Evidence or Answer as the Case requires if he neglect or refuse to give he is proceeded against for refusing to give his Evidence or Answer And not as one that refuseth to Swear or take an Oath he having Sworn or taken his Oath before which Evidence if given is the Witness-bearing and not the Oath For if he refuse to swear he is proceeded against for refusing to swear although he offer to give his Evidence without swearing So that the Evidence is the witness-bearing and not the Oath By which it doth appear That an Oath is in and of it self a distinct thing from Witness-bearing which was before any Oaths was and is but a Bond or Tye for true Witness-bearing and not the substance For when the Evidence is given if what is Evidenced be false the Oath taken before or after doth not make it true And if it be truth that is Evidenced the refusing to take or add an Oath or give a Token Sign or Pledge doth not detract any thing from it By which it may appear to the unprejudiced in mind That the laying aside of an Oath and Swearing which was added for a time under the Law in witness-bearing because men had transgressed or gone from the Truth of God which was in the beginning before any Oath was in witness-bearing is not to destroy true witness-bearing but the reducing it to its primitive purity as it was in the beginning So that the true Witness Christ Jesus being made manifest all that believe in him and receive him to them he gives power to become the Sons of God and by his Spirit which is Truth and leads into all Truth he enableth them to do the Truth confess the Truth and speak the Truth from the heart unto their Neighbour or before a Magistrate in witness-bearing as it 's written A good man out of the good treasure in his heart he bringeth forth good things So that our Neighbour