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A35118 The case of swearing, at all, discussed with several objections answered, the primitive practices therein asserted out of several ancient authors : together with several presidents out of the book of martyrs : the inconveniences that follows the present practice of swearing, which might easily be prevented by a law to punish false witnesse-bearing, and lying as well as other evils : also, a word to all people that are zealous for the commands of Christ, recorded in the Scripture / by a friend of truth and righteousness, John Crook. Crook, John, 1617-1699. 1660 (1660) Wing C7197; ESTC R5532 23,258 32

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who gives this the preheminence in a peculiar manner above all other things that those whom he wrote to should be carefull to keep and observe saying Above all things my Brethren swear not neither by Heaven nor Earth nor any other oath which is an absolute negative exclusion of all swearing in all cases And Eusebius an Antient Writer of no mean esteem among the learned writes in his sixth book Chapter 4 page 98. about the year 200. that Basilides a Souldier unto wh●m the Virgin Potamioena was committed as one appointed for Marty●dome But not long after the same Basilides being required by his fellow-souldiers to swear upon some occasion that fell out affirmed plainly it was not lawful for him to swear for he said he was a Christian and that he would in very deed protest the same who afterward was beheaded as a Martyr And of the Waldenses of whom the first Book of Martyrs makes much mention and are said by some immediately to succeed the Apostles and were dispersed into most parts of the world and to be the most antient and true Protestants as may be seen by what Fox records of them in the Book of Martyrs and this they maintained among other things that all manner of swearing was unlawfull as may appear by Parsons Sanders ●occius and others and by Bishop U●her a late Writer and a man reputed for learning who hath by way of Apology for the Waldenses in this case of swearing seemed to justifie them therein as in his book De Succes Cap. 6. And the said Usher further sayes in his eighth Chap. quoting some antient Authors that the Waldenses as well as Anabaptists of late did professe it to be no way lawfull for a Christian to swear upon any occasion And Theophil●te upon Matthew 5.37 Sayes that though in the time of the Old Law it was not ev●l to swear but since the coming of Christ it is evil as is Circumcision and in sum whatever is judaical for it may become a Child to suck but not a man And further in the Book of Martyrs 1 Voll page 701. it is charged against William Thorp in his Sermon that he preached at Shrewsbury that it is not lawfull to swear in any case To which he answered he denied to swear by a book as being made up of creatures and quoats Chrysostome in these words who blamed them greatly who brought forth books to swear whether they think a man to swear true or false c. The Arch-bishop and his Clarks scorned this saying of Thorp and the Bishop manaced him with great punishment except he left this opinion of swearing to which Thorp answered it was not his Opinion but the opinion of Christ and of Saint James and of Chrysostome and of other divers Saints and Doctors The Arch-bishop caused to be read this Homily of Chrysostome which the Clark did accordingly until he came to a Clause where Chrysostome sayes That it is sin to swear well c. And again in Fox Voll 1. pa. 527. in the Ploughmans prayer in these words Thou gavest us a Commandment in truth in bidding us say yea yea nay nay and swear for nothing Thou gavest us also a Commandment of meekness and another of poorness but Lord he that cleepeth himself thy Vickar on earth hath both broken these Commandments for he makes a Law to compel men to swear and by his Law he teacheth that a man to save his life may forswear and lye and so Lord through comfort of him and his Law the people ne dreadeth not to swear and to liven ought time to forswear them Lord here is little truth c. Again William Swinderby an Article charged against him that no man owns to swear for any thing but simply without an Oath to affirm or deny and if he swears he sins And those that are conversant in our Law what was the practice in antient time where they testifie that Oaths antiently were not called imprecations but attestations And by the Statute-Law an Act of Parliament made 28 Hen. 8.7 in these words it is said No man of what esta●e degree or condition soever he be hath power to dispence with Gods Law as all the Clergy of this Realm in the said Convocation and most part of all the Universiteis of Christendome and we also do affirm and think c. which makes void all Lawes and practises and customes that are contrary to Christs Law and the Apostles Doct●ine which sayes Swear not at all and above all things my Brethren swear not neither by heaven nor earth nor any other Oath c. And to conclude this head a lively Embleme we have this day practised in England where it is practised that those who are called Noble-men of England are not put to their oaths as it is said in any case but onely their testimony is taken upon their words affirming or denying upon their Honours And is there nothing left among Christians in these our dayes or the people of the Lord that is as dear unto them as an earthly great mans repute and honour in the world is unto him Blush for shame and let it not be told in Gath nor published in Askelon that Christianity is grown out of repute or that a true Christian may not be believed when he speaks in the presence and fear of the Lord although at the same time and in the same case he shall be believed that testifies onely upon his earthly honour And to this Courts Martial may not be an unfit president who proceeds both to the tryal and condemnation of persons without an Oath taken by those that sit as Judges and that upon this ground also because a Souldier is supposed to be so tender of his honour that he will not impeach it by injuring another or advantaging himself So let all these things be put together and what can be more clear then that Oaths or swearing men since the comming of Christ before either they can be capable of office or serving their Countrey or their testimony be received in cases of difference before Courts of Judicature is a Popish Institution and hath no foundation or footing in the Scripture of truth nor in the practise of the Primitive Christians nor hath not been without a testimony against it by some in all ages even down to this day Now follows the severall inconveniences that necessarily follow the imposition of Oaths which might be prevented if swearing were not compelled BEsides all that hath been said do not these inconveniences and mischiefs necessa●ily follow the imposition of Oaths or determining things by swearing c. Is not that which is called an Oath in many cases once taken untraversable As for instance one man having sworn against another positively is not he that is sworn against left without remedy and do not those before whom the oath is taken in some cases take themselves concluded and bound up by that oath without any further examining witnesses on the other