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end_n oath_n strife_n swear_v 3,032 5 9.0688 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A62698 Tam quam, or, A attaint brought in the supream court of the King of kings, upon the statutes, Exod. 20. 7, 16 and Levit. 19. 12 against those modern jurors, who have found any indictments upon the statutes of 23 Eliz., 29 Eliz., or 3 Jacobi, against Protestants, for monthly absence from church, without any confession of the parties, or oath of witness against them, or made any presentments of them : contrary to the express letter of their oaths taken in a Court of Judgment, the course of the law of England, or any right reason : wherein is discoursed, whether any Protetant be concerned in that part of those laws? : the contrary is proved : as also whether a grand-jury's finding and indictment, be any evidence to a petit-jury? : the absurdness, and most pernicious consequents of which are detected, and the vengeance of God agaisnt false-swearing is declared / by one who prosecutes, as well for his sovereign lord the King of kings, as for the lives, liberties, and properties of all the subjects of England. One who persecutes as well for his sovereign lord the King of kings as for the lives, liberties, and properties of all the subjects of England. 1683 (1683) Wing T133; ESTC R17 24,452 40

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TAM QUAM OR AN ATTAINT Brought in the Supream Court of the King of Kings upon the Statutes Exod. 20. 7 16. and Levit. 19. 12. Against those Modern Jurors who have found any Indictments upon the Statutes of 23 Eliz. 29 Eliz. or 3 Jacobi against Protestants for monthly Absence from Church without any Confession of the Parties or Oath of Witness against them or made any Presentments of them Contrary to the express Letter of their Oaths taken in a Court of Judgment the course of the Law of England or any right Reason Wherein is discoursed Whether any Protestants be concerned in that part of those Laws the contrary is proved As also whether a Grand-Jury's finding an Indictment be any Evidence to a Petit-Jury The absurdness and most pernicious Consequents of which are detected and the Vengeance of God also against False-swearing is declared By one who Prosecutes as well for his Sovereign Lord the King of Kings as for the Lives Liberties and Properties of all the Subjects of England Eccles 5. 8. If thou seest the Oppression of the Poor and violent perverting of Judgment and Justice in a Province marvel not at the matter for he that is higher than the highest regardeth and there be an higher than they LONDON Printed and are to be sold by L. Curtis 1683. CHAP. I. The Mischief arising to the Nation from the loss of the Religion of Oaths The Nature of an Oath The Religion of an Oath lost by prophane and common Swearing more by false Swearing especially in Judgment whether by Jurors or Witnesses The Vengeance of God declared against it The Discourse restrained to the Oaths of Jurors and more especially those Oaths upon which they bring in Presentments and find Indictments against Protestants upon the Statutes 23 Eliz. 29 Eliz. and 3 Jacobi 1. AMongst other melancholick Considerations relating to the Nation which at this time affect the Souls of thinking Men who believe there is a God that judgeth the Earth there is none more sad or justly afflictive than the Consideration how much we have lost the Religion of an Oath and by that means broken the Ligament of Humane Society and upon the point invalidated the Institution of God for the end of all Strife For according to the present use of Oaths they will be the end of no Strife or at least but a legal end while no Man's Mind can acquiesce in an Assertion or Promise confirmed by it For how is it possible that the Mind of any should acquiesce upon the Oaths of others when he discerns how many there are that make no Conscience of swearing what is false or what is impossible they should know to be true Nor is there a greater Evidence of the stupid Atheism of a multitude of Persons For how can any think that those believe there is a God so omniscient just and potent as the Supream Being must be who dare call him to be a Witness that they speak Truth or that they will do this or that thing and challenge him to be their Judg in case they do it not and desire that He and his holy Gospel may do them no good if they do it not and by and by dare to speak what they either know to be false or do not know to be true It is not possible that Men indeed should believe there is a God and do any such things Every false Swearer must either declare himself to be ignorant of what he doth when he taketh an Oath or to be an Atheist 2. It being more charitable to judg such persons ignorant than to determine them absolute Atheists Charity will oblige every good Man to instruct his Relations or Neighbours in this great Point All Divines agree that the nature of an Oath lies in the calling of God to witness either to the truth of a Man's Assertion or the Sincerity of his Heart as to his Promise and his faithfulness in the performance of what he promiseth It was God's Ordinance Deut. 6. 13. Thou shalt fear the Lord thy God and serve him and shalt Swear by his Name Repeated again Deut. 12. 20. To him thou shalt cleave and Swear by his Name Isa 65. 16. He that sweareth in the Earth shall swear by the God of Truth Jer. 12. 16. And it shall come to pass if they will diligently learn my ways and swear by my Name The Lord liveth The Scriptures are full of Reproofs and Threatnings of and against any other Swearing by those that are no Gods Jer. 5. 7. Josh 23. 7. Exod. 23. 13. Nor indeed is it reasonable that any other than the living God should be invoked in Swearing who else can know the correspondency of our Hearts and Actions or the sincerity of our Intentions Who else hath a power in multitudes of cases hidden from Men to punish him who sweareth falsely So as an Oath by any other than by the living God is no security to our Neighbour Hence all swearing by any Creatures is prophane Swearing and not only a violation of a Divine Command but also of the very nature and end of an Oath giving no security to the Person for whose security of our Truth it is taken Indeed it is no better than Idolatry if Idolatry be a worshiping of that for God which is no God For Swearing is a Worship tho indeed a less ordinary piece of the Worship of God than Prayer and Praise are 3. An Oath being so grave a thing as a Divine Institution The Name of God being in it and a solemn Invocation of him to witness our Truth essential to it and the end of its Institution being to determine Strife and to give our Neighbour the highest Security imaginable of our Truth and Faithfulness Common Reason will instruct Mankind that it ought not to be used lightly and rashly for besides that such use of an Oath tendeth to make it useless to its end it is also an high prophanation of the holy and dreadful Name of the Lord our God Which of us would not judg himself affronted to have our Neighbours make use of any of our Names upon every light and trivial occasion or to be called on to witness every silly and impertinent discourse or piece of Mens common Talk Nor can that thing be any security to my Neighbour in any weighty Concern which I lay to pawn at every Alehouse and expose at every Stall much less that which hath proved to be no security a thousand times but made use of to seal a Lie Besides that such common use of the Name of God takes away all the Aw and Reverence of it and who so thinks that any Man will make more Conscience of an Oath in a Judicial Testimony for or against his Neighbour than he doth in his common discourse must at least think that the person who doth it hath more Charity towards Men than Piety towards God which is very unreasonable considering that all Charity is the Daughter of Piety or else he