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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A70779	A treatise of oaths containing several weighty reasons why the people call'd Qvakers refuse to swear : and those confirmed by numerous testimonies out of Gentiles, Jews and Christians, both fathers, doctors and martyrs : presented to the King and great council of England, assembled in Parliament.	Penn, William, 1644-1718.; Richardson, Richard, 1623?-1689.; Parker, Alexander, 1628-1689.; Whitehead, George, 1636?-1723.	1675 (1675)	Wing P1388; ESTC R17219	94,426	174

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

Jerusalem for it is the City of the great King neither shalt thou swear by thy Head because thou ca●st not make one Hair white or black but let your Word be YEA YEA NAY NAY for whatsoever is MORE then THESE cometh OF EVIL He here prohibits even the lesser Oaths as They thought them that reverenced Swearing by the Name of the Lord which in old time he suffer'd by reason of the Falseness of their Hearts and great Pronness to Idols even as Moses permitted them to put away their Wives which in the precedent Verse also is disallowed by Christ though with the Exception of Fornication but Swearing without any Exception He doth not say Swear not except before a Magistrate though he says Put not away thy Wife except for the Cause of Fornication but SWEAR NOT AT ALL why because it is OF EVIL which reason reaches the Oaths taken before Magistrates as well as other Oaths for Distrust Unfaithfulness are the Cause of one as well as the other And there is equal Reason in that respect that a Master should swear in private to his Servant at his Entrance that he will pay him his Wages as that the Servant should swear in publick to a Magistrate that at his Departure his Master would not pay him his Wages both which Oaths the Certainty of their Words their Yea being Yea and their Nay being Nay makes vain and superfluous Obj. We are not unsensible of the common Objection that is made against this Allegation of our Master's Command That he only prohibited Vain Oaths in Communication But if the words of the Text and Context be consider'd every Oath will be proved Vain and Vnlawful for Christ's Prohibition was not a meer Repetition of what was forbidden under the Law but what the Law allowed as Bp. Sanderson well observeth It was not needful that Christ should forbid what was forbidden in it self or was alwayes Vnlawful which vain Swearing was and is by the third Commandment Thou shalt not take the Name of the Lord thy God in vain therefore Christ exceded the Prohibition of the Law And the whole Chapter is a Demonstration of a more excellent Righteousness then that which either needed or used Oaths for Christ brings Adultery from the Act to the Thought in lieu of Revenge he commands Suffering and extends Charity not only to Friends but Enemies so in the Place controverted in the room of such Oaths Vows as ought to be perform'd unto the Lord he introduces Yea and Nay with a most absolute SWEAR NOT AT ALL. This was the Advance he made in his excellent Sermon upon the Mount he wound up things to an higher pitch of Sanctity then under the Law or the childish State of the Jews could receive Again saith he Ye have heard 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 as plain general and emphatical a Prohibition as can be found in Holy Scripture However those Persons that usually advocate for the Continuance of Oaths under the Gospel tell us it is not a general Prohibition but is limited to Swearing by Creatures either by Heaven Earth Jerusalem or Head c. VVhich is wholy inconsistent with the Scope of the Place as we shall make appear from these Four Considerations 1 st The Prohibition reaches as well to serious as vain Oaths such as men made if they swore at all and ought to make to God only for to him alone should they perform them and are they accountable for them These very allowed Oaths of Old Time are the first prohibited by Jesus Christ It was said of Old thou shalt not Forswear thy self but I say SWEAR NOT AT ALL. 'T is true it is not particularized what Oaths they were to keep of old but in general Terms that they were not to Forswear themselves and it is clear that God enjoyned them that would Swear that they should only Swear by his Name Now what can be hence inferred more evidently then that men ought not to swear those Oaths under the Gospel which they might swear and ought not to forswear but to perform unto the Lord in the Law 2 dly Christ himself gives the Explanation of his own Words Chap. 23.16 17 18 19 20 21 22. where he teacheth us That he that swears by the Temple swears by it and by him that dwells therein and he that shall swear by Heaven swears by the Throne of God and by him that sits thereon So that he that swears by the Head swears by him that made it and he that swears by the Earth swears by him that created it which leaves no room for the Objection for it is as if Christ should have said I not only command you not to Forswear but perform as it was said to them of old time but I charge you NOT TO SWEAR AT ALL I mean not only that you should not swear by God and those Oaths that the Pharisees account binding but also that you should not so much as swear by those lesser Oaths as they esteem them and which they are wont to swear by for they are not less nor more allowable in that they that swear by them swear by him that is the Author and Maker of them wherefore being of the same Nature with the other I forbid you to swear by them as well as by those Oaths that were of old time made and ought not to be broak but perform'd unto the Lord for this is one of my great Commandments which they must keep that will be my Disciples that is to say SWEAR NOT AT ALL. Our 3 d Inducement to believe this to have been the Intention of our Lord Jesus Christ is the concurrent Testimony of the Apostle James which is not only a Repetition of his Master's Doctrine but an Addition and Illustration we hope sufficient to determin the present Question with every unprejudic'd Reader But above all things my Brethren saith he swear not which runs parallel with Swear not at all The Negative is as general forcible He proceeds neither by Heaven neither by the Earth Words of equal Import with the latter part of Christ's Prohibition and as if he had foreseen the Cavils of our Swearing Adversaries he adds neither by any other Oath which though as clear as the Sun if yet for their last shift they should tell us that he only meant any other Oath of that kind not that he prohibited Swearing by the Name of the Lord it will not do their Business for that Christ hath already assured us Whosoever swears by Heaven swears by him that sits thereon and the very next words show that it was not his Design only to prohibit vain but plainly to exclude all Swearing But let your Yea be Yea and your Nay Nay lest ye fall into Condemnation else why had he not said but you may swear by the Name of God before a Magistrate Why must