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A38972 The examination and tryall of Margaret Fell and George Fox (at the severall assizes held at Lancaster the 14th and 16th days of the first moneth, 1663, and the 29th of the 6th moneth, 1664) for their obedience to Christs command who saith, swear not at all also something in answer to Bishop Lancelot Andrews sermon concerning swearing. Fox, Margaret Askew Fell, 1614-1702.; Fox, George, 1624-1691. 1664 (1664) Wing E3710; ESTC R20823 23,490 38

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stand in Allegiance to Christ if we did not obey his commands the King of Kings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for he commands us not to swear but keep to yea and nay and one of his great Embassadours to Nations that went with his Message to the twelve tribes saith above all things my Brethren swear not at all lest you fall into condemna●ion Tenthly There were two states of oaths the one was that people was to perform to the Lord and swear and the other was that God sware by himself concerning his Son Christ Jesus which when he came who fulfilled Gods oath he ended the other oath and saith swear not at all and calls the first oath the old time he fulfilled the truth and let them see how in the time of the law false oaths were forbidden in the old time and heathenish oaths were forbidden in the time of the law for they were not to swear by Baal but they were to perform their oaths to the Lord which Christ saith unto them swear not at all and so he ended that oath so there is no oaths before the fall and there is no oaths in the restauration again by Christ Jesus but yea and nay according to his doctrine but amongst Moses and the Prophets and in the old time before Moses and the Prophets men did swear as Abraham and Isaack c. But he the great Prophet is come that is to be heard in all things and he the oath of God Christ Jesus stands and remains Eleventhly The Apostles speaking to the Hebrews swearing by a greater which was an end of controversie and strife amongst them he brought this as a similitude not that the Hebrews should swear for if he had he had contradicted James which wrote to the twelve tribes his doctrine to them which were Hebrews but he brought it as a similitude that the oath which men swear by the greater ended strife but God not finding a greater then himself he sware concerning his Son which is Christ who ends the strife who destroys the Devil and his works the Author of strife for the oath in the time of the law ended the strife but we see oaths now adays begins it and why the matter is because in Christ Jesus men do not live who is the peace and Gods oath Twelfthly Where as the Bishop saith that they hold in Divinity that to swear of and by it self considered is an act forbidden no less then to kill c. Ans. In the time of the law they killed and swore but Christ saith swear not at all and also he saith love enemies and how do these agree to kill and to love enemies and love one another And if one strike thee on the one cheek turn the other to him And this paralleling the Magistrates executing justice upon Malefactors As he that sheddeth mans blood by man shall his blood be shed again Is not a paralleling with Christs doctrine who saith swear not at all for that may be done by witnesses without oath as thou maist read the Scriptures in the old time when oaths were denyed in the primitive time among the primitive Christians who were in Christs doctrine thou maist read how they did things by witnesses as the Apostle speaks in the mouth of two or three witnesses c. Which place he instances of what was done in the time of the law which was a statute of judgment among the Jews Whosoever killeth any person the murtherer shall be put to death by the mouth of witnesses c. But no oaths are mentioned here Num. 35. 30. with Heb. 10. 28 read that throughout and also Deut. 19. 15. 1 King 21. 10. c And many more Scriptures might be alledged which you that have read Scriptures are not ignorant of Now for the practice amongst the Saints see Mat. 18. 16. Christ who bids them keep to yea and nay in that place lays down a practise to be used amongst them in matter of fault and transgression how it should be ended by two or three witnesses read the words that in the mouth of two or three witnesses every word shall be established and what dost thou think that he would order them to swear who had once forbidden it and read the 8. Chap. of John and 17. ver And we do not find that the witnesses againstChrist that he should speak blasphemy Mat. 26. 65. That they did swear and also you may see in Acts 6. 11 12 13. How they that were hired against Stephen no mention is made of their swearing moreover you may see in 2 Cor. 13. 1. The Speech of the Apostle amongst the Saints how he tells them of of his coming unto them in the mouth of two or three witnesses he doth not tell that he is coming to them with oaths in their mouths Mark the Apostle was an Elder and had care of the Churches And again the Apostle that writes to Tim. a Bishop an Overseer of the Churches saith he against an Elder receive not an accusation but before two or three witnesses Now he doth not say before two or three men that swears for if he had he would have contradicted Christs doctrine and James 1 Tim. 5. 19. 2 Tim. 2. Saith the Apostle to Tim. the Bishop The things that thou hast heard of me amongst many witnesses the same commit to faithful men who shall be able to teach others also Now he received this by witnesses not by oath and he was to commit it and not by oaths and were not these the things that the whole Church came to be ordered by And this was amongst the Christians in the primitive times when oaths were ended and many more things might be alledged which were two tedious for you to read Thirteenthly And whereas he brings that objection of the Anabaptists which is that it standeth not with Christian profession but was tollerated as an imperfect thing under the law Ans. Which objection of theirs we do not own as we do not own the Bishop for swearing for it was the way of the Lord and the way of the Lord was perfect and the Commandment for swearing was good in it self untill the time of Christ who is perfect that ends the law and people must live in him Christ Jesus and walk in him that saith swear not at all that ends the oath and is the oath of God dost thou not read of a people in the Galatians and Romans that was turned back into the law from the law of the Spirit and the Apostle told them he that broke one point was guilty of all and he brought them to the law of love which fulfilled the law Fourteenthly And as for all the Scriptures the Bishop brings to prove that the Christians sware in the primitive time they are nothing to the purpose though the Bishop say that Christ admits of some swearing which both his own words and the Apostles contradicts Christs words are swear not at all And the Apostles are above all
he hath quoted in the time of the Law and before the Law and the Angels swearing in the Revelations do not prove that Christians may swear and we do grant ye the time before the Law men did swear and also the Angel swore But Christ is come the first begotten whom God hath brought forth into the world and saith Let all the Angels worship him And this is my beloved Son hear ye him saith God And Christ saith how that in the old time men was to perform their Oaths to the Lord these were their true oaths which they were to perform and they were not to swear falsly but to perform their Oath to the Lord so here Christ in his Doctrine lets them see the false oaths and the true oaths in the old time and that was the true oath to swear by the Lord and to swear the Lord liveth And every tongue should swear and Abraham and Isaack and Jacob and Joseph and the Prophets sware but Christ is the end of the Prophets and doth fulfil the Law reigns over the house of Jacob Joseph before Abraham was I am saith Christ And so though they sware before the law and under the law and the Angel in the Revelations sware the Angel that sware sware by the Lord as the oath was in the time of the Law and before the law and this was the oath that Christ minds them on in his Doctrine here that they were to perform to the Lord yet now mark his Doctrine which he himself lays down and commands But I say unto you now swear not at all c. Matthew 5.24 In the Hebrew language it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But let your Communication be yea yea nay nay whatsoever is more then these cometh of evil in the Hebrew its 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And further proof see how Jamse lived in the same Doctrine and practice and held it forth to the 12 tribes which was the Jews who had the oath of God and was to swear in the time of the law see his general Epistle in the 5th Chap. and also speaking in the second Chapter of such as drove them before the Judgment-seat but in the 5th Chapter this is his command above all things My brethren swear not at all neither by heaven nor by the earth in the Greek its 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This you may call creatures or made things But mark James goes further and faith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nor by any other oath but let your yea be yea and your nay be nay lest you fall into Condemnation 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Mark the danger now and whether we have not ground enough in the fear of the Lord God to obey Christs commands and the Apostles Doctrines Lest we fall into condemnation an● evil we have set some words down in the Greek tongue that those it most concerns may see the original but the Spirit is ours and the commands of Christ and the Apostles doctrine to be obeyed in what tongue soever it be written in but we would Query the thing with any whether the Apostle James who wrote to Jews and not to Gentiles did not write in the Hebrew tongue and not in Greek and if so then his words to them in this particular are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Pricks Points and Accents and the plain and naked interpretation of the Hebrew word we have left for them it most concerns to adde Secondly As for all the Scriptures he brings against rash swearing and false swearing it would rejoyce our hearts to have the Priests do that and the Magistrates punish it for a couple of Railing Priests come the other day and sware before our faces lightly and vainly and justifyed it when they had done it would become Magistrates and them better if they did not suffer an oath to be heard in the Towns or Markets or Ale-houses or Streets you that have power not to suffer those things for you would have work enough to restrain such things and such persons and not to fall upon the innocent which in obedience to Christs commands and the Apostles doctrine cannot swear for Conscience sake For imprisoning such emboldens people to swear and would it not be better for people and would ye not shew forth more Christianity to keep to yea and to nay in all their Communications according to Christs commands and the Apostles doctrine Thirdly There was Bond in the old time by oath but Christ he looses from the Bonds and brings to peace and liberty and makes free and saith swear not at all And so though we be in outward Bonds it is for Christ Jesus sake and the word of God is not bound Fourthly And though Moses sware in the time of the law and Abrahams servants sware yet Christ the Son saith swear not at all and we are to hear him in all things the great Prophet Fifthly And as for the ceremonies of the oaths Christ is the substance of all ceremonies that saith swear not at all Sixthly And though David sware he that David called Lord saith swear not at all and he is upon his Throne Seventhly And where he saith thou shall swear by the Lord and swear the Lord liveth they were not to swear by them that were no Gods nor creatures nor by the earth nor by heaven or by the hand or by Jerusalem now what are the oaths that all Christendom swears both Papists and Protestants whether it be the oath that was amongst the Jews and whether or no they practise the oath that they do now and whether or no is that ceremony now used if not when did God alter it where about in Scripture and in what place of Scripture is it that he sets this way and ceremony of swearing in Christendom both amongst Papists and Protestants which is to swear by the book and by the Evangelists is this beyond the Jews swearing by the City or by Head or by the Temple which Christ forbid and not only those oaths but the oath of God which the Jews was to swear by Answer these things Eightly And as for Zedekiahs oath to Nebuchadnezar and Josephs oath to Pharaoh this was in the time that oaths were to be Performed amongst the Jews and Patriarchs and what is this to Christs doctrine which forbids oaths which oaths was before Christ came 9thly And as for the oath of Supremacy the other it is to acknowledge the King of Eng. and Allegiance to him which things hath been manifest and practised by us but not by such as sware Allegiance to the Kings father and swore the one way and the other way and hast not thou and many of you taken the oath against him and such as have sworn one while for him and another while against him how are they in Allegiance to him that swears one way and another way and cannot there be in truth and faithfulness Allegiance to the King without swearing for now how should we
against me except I be a trangressour the law is made for the lawless and trangressours and except I be a transgressour ye have no law against me neither ought you to have indicted me for being that the Church-Wardens did inform my question is what matter of fact they did inform of for I was sent for from my own house from amongst my Children and Family when I was about my outward occasions when I was in no meeting neither was it a meeting day therefore I desire to know what this first foundation or matter of Fact was for there is no law against the innocent and righteous and if I be a transgressour let me know wherein Judge You say well the Law is made for transgressours but Mistress do you go to Church M. F. I do go to Church Judge what Church M. F. To the Church of Christ. Judge But do you go to Church amongst other people ye know what I mean M. F. What dost thou call a Church the house or the people the house ye all know is Wood and Stone but if thou call the people a Church to that I shall answer as for the Church of England that now is I was gathered unto the Lords truth unto which I now stand a witness before this Church was a Church I was separated from the general worship of the Nation when there was another set up then that which is now and was persecuted by that power that then was and suffered much hardship and would you have us now to deny our faith and our principles which we have suffered for so many years and would you now have us to turn from that which we have born witness of so many years and turn to your Church contrary to our Conscience Judge We spend time about those things come to the matter in hand what say ye to the Oath and to the indictment M. F. I say this to the Oath as I have said in this place before now Christ Jesus hath commanded me not to swear at all and that is the only cause and no other the righteous judge of heaven and earth knoweth before whose throne and justice ye must all appear one day and his eyes sees us all and beholds us all at this present and he hears and sees all our words and actions and therefore every one ought to be serious for the place of judgment is weighty and this I do testisie unto you here where the Lords eye beholds us all that for the matter or substance of the Oath and the end for which it was intended I do own one part and denies the other that is to say I do own truth and faithfulness and obedrence to the King and all his just and lawful demands and commands I do also deny all plotting contrivings against the King and all Popish Supremacy and Conspiracy and I can no more transgress against King Charles in these things then I can disobey Christ Jesus his commands and by the same power and vertue of the same word which hath commanded me not to swear at all the same doth bind me in my Conscience that I can neither plot nor contrive against the King nor do him nor no man upon the earth any wrong and I do not deny this Oath only because it is the Oath of Allegiance but I deny it because it is an Oath because Christ Jesus hath said I shall not swear at all neither by heaven nor by earth nor any other Oath and if I might gain the whole world for swearing an Oath I could not and what ever I have to lose this day for not swearing of an Oath I am willing to offer it up Judge What say you to the indictment M. F. What should I say I am clear and innocent of the wronging any man upon the earth as my little Child that stands by me here and if any here have any thing to lay to my Charge let them come down and testifie it here before ye all and if I be clear and innocent you have no law against me Then Colonel Kirby and the Sheriff whispered to the Judge and I looked up and spoke to Colonel Kirby and said let us have no whispering I will not have so many Judges one of one side and another of another here is one Judge that is to be judge and the judge said no no I will not hear them and then I calsed to Colonel Kirby and said if thou have any thing to lay to my charge or to speak against me come come down here and testifie against me and I said the judge represents the Kings person and his power and I own that Judge Jury take notice she doth not take the Oath M. F. This matter is weighty to me whatsoever it is to you upon many accounts and I would have the Jury to take notice of it and to consider seriously what they are going to do for I stand here before you upon the account of the loss of my Liberty and my Estate Secondly I stand here in obeying Christs commands and so keeping my Conscience clear which if I obey this law and King Charles commands I defile my Conscience and transgresseth against Christ Jesus who is the king of my Conscience and the cause and controversie in this matter that you all are here to judge of this day is betwixt Christ Jesus and King Charles and I am his servant and witness this day and this is his cause and whatsoever I suffer it is for him and so let him plead my cause when he pleafeth And the Judge said to the Jury are ye all agreed have ye found it and they said for the King M. F. Then spoke to the Judge and said I have counsel to plead to my indictment and he said he would clear them afterward in arrest of judgment so the Court broke up that time and after Dinner when they came again they intended to have called us at the first and they had called G. F. out and was calling of me and I stepped up to the Bar and desired the Judge that he would give us time till the next morning to bring in our Reast of Judgment and the Judge said at the first we should and I was stepping down to go my way and the Judge called me back again and said Mistress Fell you wrote to me concerning your Prisons that they are bad and rains in and are not fit for people to lie in and I answered the Sheriff doth know and hath been told of it several times and now it is raining if you will send to see at this present you may see whether they be fit for people to lie in or no and Colonel Kirby stood up and spoke to the Judge to excuse the Sheriff and the badness of the room and I spoke to him and said if you were to lie in it your selves you would think it hard but your minds is only in cruelty to commit others as William Kirby here hath done who