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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87229	The great case of conscience opened: in the particular unfolding, and examination of those two difficult texts, in Mat. 5.33,34. and Jam. 5.12. about the lawfulness or unlawfulness of swearing: wherein the evidence of Scripture-light, as laid down in the Old and New Testament, in variety of cases and examples (not hitherto insisted on) are succinctly and clearly stated; and usefully accommodated & suited to the present state and condition of many suffering Christians. By Ieremiah Ives.	Ives, Jeremiah, fl. 1653-1674.	1661 (1661)	Wing I1099; Thomason E1082_2; ESTC R202611	12,526	16

Prayers Phil. 1.8 God is my Record how greatly I long after you all in the Bowels of Jesus Christ and 2 Cor. 1.23 Moreover I call God to Record upon my Soul c. If calling God to Witnesse to what we say be not swearing I consess I am ignorant what swearing is but if it be then it was not onely used under the Old but under the New Testament Again under the Old Testament they swore BY the Lord or BEFORE God as I have already instanced to confirm a Matter in question this was practised under the New Testament Rom. 9.1 The Apostle to affirm the reality of his affections in order to the Salvation of the Jewes his Country-men swears by Christ for so Beza reads it Veritatem Dico PER Christum I speak the truth BY CHRIST But it is of the same force if we Read I speak the truth in Christ I lie not my Conscience beareth me Witnesse in the Holy Ghost for if any one should confirm the truth of what he speaks after this race what did he less then swearing however it was more then yea and nay Another instance we have of this kind in Gal. 1.20 The things which I Write unto you behold BEFORE GOD I lie not And as they practised swearing upon solemn occasions so they did exact it in the like Cases upon others for to adjure as I have said is to exact an Oath or to charge one to swear Now we read 2 Tim. 4.1 that Paul charged Timothy BEFORE GOD and the Lord Jesus Christ and 1 Thes 5.27 I charge thee BY THE LORD that this Epistle be read to all the Holy Brethren Beza reads it Adjuro vos per Dominum I charge thee to Swear by the Lord c. to this agrees that of the High Priest who as we read it adjured Christ but in Beza's English Bible it is he charged him to swear Now if all swearing were forbid by those two forecited Texts the Apostle Paul would neither have done it himself nor charged others so to do both in things Assertory and Promisary as the forementioned Scriptures proves he did To these Texts some have had the confidence to give this Answer for want of a better That the Apostle did evil in swearing but to those that arreign this great Apostle for evil I do think it no great presumption to arreign them for ignorance for he that will swear our Proverb saith will lie the meaning is that he that will swear wickedly and contrary to Gods Law will lie also Now if this be the case of the Apostle that he sinned in swearing What ground have we to believe the truth of what he swore Fifthly my fifth and last Reason why these Texts cannot forbid all such Swearing as was used under the Law is because there is as much reason for the use of some Oaths now as ever there was is there not as much need of testifying the truth by Oaths and confirming our Promises by Oathes now as ever for the ending of strife among men I do not mean common prophane swearing but such as is Sacred and Solemn for proof of this I shall refer the Reader to Heb. 6.16 For men verily swear by the greater and an Oath for confirmation is to them an end of all strife Having proved that all swearing is not forbid under the New Testament it necessarily followeth that those General terms swear not at all do admit of an exception And least this should seem strange let me produce some Scriptures for example where universal Prohibitions are taken with Restrictions Exod. 20.10 The seventh day is the Sabbath of the Lord in it thou shalt do no manner of work c. And yet Christ saith Mat. 12.5 The Priests Prophaned the Sabbath and were blamelesse and Num. 28.9 On the Sabbath Day they were to offer two Lambs of a year old without shot and two tenth deales of fine flower for a meat offering mingled with oyl and the drink offering thereof So that this Prohibition from all manner of work respects only all manner of Servile work in their ordinary callings and not such work as tended to the Worship of God as the slaying the Sacrifice did or to the preserving either the life of man or beast as appears by Christs own Word Luke 14.5 Which of you having an Ox or an Asse fallen into a Pit will not streightway pull him out on the Sabbath Day it seems the Jewes understood that text Thou shalt do no manner of work upon the Sabbath as some men unsterstand the text that saith Swear not at all for the Jews understood that the text forbid all working though it tended to save life So it appears Luke 13.14 They said to the People There are six Dayes in which men ought to work in them come and be healed and not on the Sabbath Day Another example we have of this kind Mat. 23.9 Call no man your Father upon Earth doth not this Text as much forbid calling any one upon Earth Father though he be never so lawfully so as the other Text doth forbid all swearing though never so lawful and Luke 6.30 Give to every man that asketh and of him that taketh away thy goods ask them not again And Mat. 5.44 Christ saith give to EVERY man that asketh of thee and from HIM or from any body that would borrow of thee TURN THOU NOT AWAY doth not other Scriptures and common reason inform us that these general terms must be restrained or else if we should give to every one that asketh and turn away from none that would borrow we should not only maintain men in Idleness which is a sin but we should soon turn our selves out of doors and be reduced to a morcel of bread now I would appeal to the consciences of all unprejudiced men whether Christ in his Sermon Mat. 5.42 doth not as firmly forbid our turning away from any one that would borrow of us as he doth forbid all swearing in the same Sermon when he saith Swear not at all and if so why should any be offended for putting a restriction upon the one Text when it is no more than what themselves are willing to put upon the other since as I have said there is as good Scripture and reason for the restraining those general terms Swear not at all as there is for the restraining those other words of Christ give to every one that asketh and if any body ask of thee turn thou not away and if any body take away thy goods ask them not again Having proved that those two Texts Mat. 5. and James 5. do not forbid all such swearing as was commanded under the Law my last business is to shew what swearing is forbidden in those two Scriptures First then all swearing in our common Communication is forbidden and that appears by these words but let your COMMUNICATION be yea yea and nay nay but to this it is objected that James forbiddeth all manner of swearing when he saith

THE GREAT Case of Conscience OPENED IN THE Particular unfolding and Examination of those two difficult Texts in Mat. 5.33 34. and Jam. 5.12 about the Lawfulness or Unlawfulness of SWEARING WHEREIN The evidence of Scripture-Light as laid down in the Old and New Testament in variety of Cases and Examples not hitherto insisted on are succinctly and clearly Stated AND Usefully Accommodated Suited to the present State and Condition of many Suffering Christians By Ieremiah Ives LONDON Printed by S. D. for Francis Smith at the Elephant and Castle near Temple-Bar 1660. THE GREAT CASE OF CONSCIENCE OPENED c. READER THere are two Rocks that proves as perillous to Christians as Scilla and Caribdis to Sailers viz. Ignorance and Scandal that who so escapeth the one usually suffereth rack upon the other sad experience witneseth that very few have drove a trade for heaven but at one time or other have suffered loss in their Spiritual Estate by reason of their Ignorance which hath made them cry down that for herisie at one time which they have imbraced for verity at another And if through grace they have been delivered from the perils on this hand how are they prejudiced on the other resusing the lawful use of sacred things by reason of the prophane abuse and Scandal that some have brought upon them Hence it is that many consciencious people do refuse to take any oath since the Name of God hath been much prophaned thereby in so much that because of oaths the land mourns And others no less conscientious then the former refuse to take any oath because they are perswaded that no oaths ought to be taken in Gospel times My business therefore in this discourse is not to prove whether a man may lawfully take this or that particular oath To that I shall answer with the Apostle in another case Let every man be perswaded in his own mind because every man must give an account for himself to God That then which I shall undertake to prove is that some oaths are lawful in the times of the Gospel the which if the Lord inable me to make ful proof of To the information of those who are dissatisfied I hope they will with the more ease escape that other Rock viz. the Scandal that may accrew thereby And if I do prove that Assertory and promisary oaths are both lawful and useful I have the prise I run for and let God have the glory And that I may so do I shall propound this Method First I shall shew what Sacred Oaths are Secondly to what end they were taken Thirdly whether those two Texts Mat. 5.34 and James 5.12 do forbid the use of all oaths in the time of the Gospel As concerning the first question viz. What a Sacred Oath is the Scripture wil resolve us Num. 30.2 that it is a bond by which a man binds his soul to the speaking of that which is in it self true or the doing of that which is in it self lawful unto which the living and true God is call'd to witness Of Sacred Oaths there were two sorts under the Law viz. Commanded and voluntary that some were commanded See Exo. 22.11 An Oath of the Lord shall be between themselves c. Deut. 6.3 and 10.20 Thou shalt fear the Lord thy God and swear by his Name Jer. 4.2 Thou shalt swear the Lord liveth in Truth in Righteousness and in Judgement And as some oaths were commanded so some were voluntary as appears by the forementioned Scripture Num. 30.2 IF a man vow a vow or swear an oath to bind his soul with a bond he shall not break his word he shall do according to all that proceedeth out of his mouth Which plainly sheweth that a man might have chosen whether he would have bound himself by an oath or no but if he did then he was to perform all that proceeded out of his mouth So that he that swore being commanded and he that swore voluntarily were both under a Sacred and religious tie Now there were three ways by wch a man bound his soul by an oath First when he swears by the Lord pronouncing the matter of the oath with his own lips Lev. 5.4 This was called amongst the Jews an oath of pronounciation the like manner of swearing we read of 1 Kings 1.29 David swore by the Lord saying that Solomon his Son should reign after him Secondly as a man is sworn when he pronounceth the oath himself so he may be as solemnly sworn when he is adjured by another for to Adjure in plain English is to charge one to swear or to exact an oath And therefore where we read Math. 26.63 that the High Priest Adjured Christ by the living God Beza more plainly reads it that the High Priest charged him to swear by the living God if he were the Christ the Son of God and so we read Levit. 5.1 If a soul sin and he hear the voice of swearing or as Mr. Ainsworth reads it the Voice of Adjuration and is a witness whether he hath seen or known of it if he do not utter it he shall bear his iniquity So that it seems a man was under an oath if he uttered a matter being adjured thereto by the living God and was guilty of sin if he heard the Voice of Adjuration and could witness and did not Mr. Ainsworth upon Levit. 5.1 Out of the Hebrew Cannons makes it appear that whether a man swore by his own mouth or was adjured by the mouth of another and he Answer Amen or speak a word of like meaning as if he say yea or I am bound or I take upon me this oath he is asworn man for any matter whether he swear or be adjured by Gods Proper Name or any of his Titles like unto this was that oath or adjuration wch the King exacted of the Prophet Micah 1 King 22.16 17. And the King said how often shall I adjure thee that thou tell me nothing but that which is true in the Name of the Lord Now the Prophet in answering to this voice of swearing and telling the King that he saw all Israel scattered upon the Mountains like Sheep without a Shepherd Was as solemnly under the oath as if he had sworn by the living God with his own mouth I could wish that this were seriously considered by those that make conscience of oaths what if one should adjure them by the living God to speak if they know such a man or will do such a thing and they should but say yea or nay they would think and I am perswaded many do think this is not swearing which by the Scriptures is as solemn swearing as if they had uttered the oath with their own mouth an oath like this is used in our Common Law where the witness is charged by the help of God to speak the truth the whole truth and nothing but the truth touching the difference between Party and Party now his laying his hand upon the

I now come to speak of the end of those Sacred Oaths that were voluntary and they were to afflict the Soul by fasting or otherwise see Num. 30.13 and these were called Oaths to the Lord Psalm 132.1 2 3. Lord saith the Psalmist remember David in all his afflictions how he Swore UNTO the Lord and Vowed to the mighty God of Jacob surely I will not come into the Tabernacle of my House nor clime up into my Bed I will not give sleep to mine Eyes nor slumber to my Eye lids until I have found out a place for the Lord an Habitation for the Mighty God of Jacob like to this was that Vow of Hannah's 1 Sam. 1.11 That if the Lord would give her a Son she vowed to give him UNTO the Lord Now the end of these Oathes were to bind them to perform to the Lord those voluntary Services which they were not bound to by Law to this agrees that forecited Text Num. 30.1 If a man Vow a Vow or Swear an Oath UNTO the Lord he shall not break his word he shall do according to all that proceedeth out of his Mouth and to these kind of Oaths Christ alludeth when he saith Mat. 5.33 Ye have heard that it hath been said to them of old time thou shalt not for-swear thy self but shalt perform TO THE LORD thy Oaths So then we see that the end of voluntary Oaths were to bind the Soul to the Lord to perform to him some great piece of voluntary Service and Self-denyal which they were not bound to by any law had they not bound themselves by an Oath I now come to the last Question viz. Whether those two Texts Mat. 5.34 and James 5.12 Do forbid all manner of Swearing in Gospel times I shall first speak to that in Mat. 5.34 Where Christ saith Swear not at all c. To this I Answer first Negatively that this Text cannot be understood to forbid the use of all such Swearing as was commanded under the Law my Reasons are First Because some such Swearing was used by Christ himself Mat. 26.63 Christ being before the Counsel was examined by the Priest but the Text saith Jesus held his Peace then the High Priest adjured him by the Living God or as it is in plain English he charged him to Swear by the Living God to tell him Whether he was the Christ the Son of God to which Adjuration Jesus Answers Thou hast said or I am for so it is Mark 14.62 Now to Answer to a Matter when one is Adjured by the Living God though it were but yea or Amen was one manner of Swearing that was frequently used under the Law as I have already shewen from Levit. 5.1.1 Kin. 22.16 17. Num. 5.19 Judg. 17.2 Neh. 5.13 Secondly This Text cannot be understood to take away the use of all such Swearing that was commanded under the Law because those commandements contained in Ordinances were not taken away till the death of the Testator Ephes 2.15 and those Ordinances that were contrary to us were not taken away till Christ nailed them to his Cross Colos 2.14 Therefore those Commandements of the Law which accomodated Humane Affairs and respected Morals of which this of Swearing to end strife was none of the least could not be taken away before Christ dyed therefore all such Oaths as were commanded under the Law are not forbid by that Text Mat. 5.34 Thirdly Neither this Text Mat. 5. nor that in James 5. forbideth the use of all such Swearing as was commanded under the Law because the Prophets prophesie that some such Swearing shall be used in the times of the New Testament Esay 65.16 He that shall blesse himself in the Earth shall blesse himself in the God of Truth And he that sweareth in the Earth shall swear by the God of Truth because the former Troubles are forgotten and because they are hidden from mine eyes Here is a Prophesie that foretels that some swearing shall be lawful in those times that are to come after the Ascention of Christ and the death of the Apostle James Then he that swears shall swear by the God of Truth THEN when when the former troubles are forgot When shall that be the 17. verse resolves us It shall be When the New Heavens and New Earth are Created and the former Heaven and Earth is forgotten So that here is a Concatination of Divine Truths men shall swear by the God of Truth because their former troubles are forgotten their former troubles shall be forgotten because the former Heaven and Earth shall be forgotten FOR saith the Lord I will creare New Heavens and a New Earth and the former shall not be remembred That this Prophesie respected the times of the New Testament let Peter Witnesse 2 Pet. 3.13 Neverthelesse we according to his promise look for New Heavens and a New Earth wherein dwelleth Righteousnesse So that these Scriptures foretel that though under the former Heavens and upon the former Earth men swore by false Gods yet in the times of the New Heaven and New Earth wherein dwelleth Righteousnesse men shall swear by the God of Righteousness Again that Text Psalm 15.4 is by many understood to respect the time of the New Testament and if so then one of the great quallifications that is required of those that shall dwell in Gods Holy Hill is that they shall swear to their own hurt and change not And Isa 45.23 God Sweareth That to Him every Knee shall bow and every Tongue shall swear and because sacred swearing by God is a confessing of him The Apostle translates every Tongue shall confesse Rom. 14.11 plainly expounding the Prophesie to relate to New Testament times Fourthly Those Texts cannot be understood to forbid all such swearing that was commanded under the Law because some such Swearing not onely Jesus Christ as I have said but the Apostle Paul did both practice and enjoyn that he practised some such swearing see 1 Kings 1.29 David swore AS the Lord liveth that hath redeemed my Soul out of distress c. Solomon thy Son shall Reign after me this was under the Old Testament to confirm a promise and under the New Testament the Apostle useth the same form of swearing to confirm what he said to the Corinthians 2 Cor. 11.19 AS the Truth of Christ is in me no man shall stop me of this boasting in the Regions of Achaia Again under the old Testament they Swore by calling God to Witnesse or record to the Truth of what they said Judg. 11.10 And the Elder of Gilead said to Jephtha the Lord be Witnesse betwen us if we do not according to thy Words Jer. 42.5 The Lord be a True and Faithful Wintnesse between us if we do not even according to all things for the which the Lord thy God shall send thee to us like to this we have the Aposle speaking in the New Testament Rom. 1.9 For God is my Witnesse that without ceasing I have remembrance of you in my

neither by Heaven nor Earth nor any other Oath I answer so did God borbid all manner of working on the Sabbath which was to be understood of ordinary and common work as I have already proved in like manner doth our Saviour and the Apostle forbid all common swearing in our ordinary conversations and not solemn and sacred swearing But it is further objected that such swearing was alwayes forbid even under the Law and that Christ seems to forbid somewhat that was not forbid before To this I answer that those words but I say unto you c. do not imply that there was any thing in his precepts or sayings that was not in the Law but rather somewhat that he would reinforce from the Law which by reason of their false glosses upon it had no force upon their lives as for instance the Law said they should not kill but Christ saith that they should not hate their Brother without a cause so said the Law also Levit. 19.17 the Law said they should love their Neighbour and hate their Enemy which was understood of those Nations that God charged them to have no Friendship with but Christ bids them love their Enemies which the Law also bid them except in the case before excepted for this see Exod 23.4 if thou meet thine Enemies Oxe or Ass going astray thou shalt bring him to him again and Prov. 24.17 and Prov. 25.21 if thy Enemy hunger feed him now this was the false gloss because the Law said that when God gave them rest from all their Enemies they should not forget Amaleck but put out the remembrance of him Deut. 17.18 19. and that they should have no Friendship with that People hereupon they concluded contrary to the words of the Law that they might hate any Person that was their private Enemy and avenge themselves upon him and so because the Law said an eye for an eye and a tooth for a tooth therefore they would avenge themselves and be their own Judge and executioner hereupon Christ bids them not to avenge themselves this was also forbid under the Law Levit. 19.18 thou shalt not avenge so the Law said they should not commit adultery but Christ said he that looked upon a Woman to lust after her had committed adultery with her in his heart now looking upon a Woman to lust after her was alwayes a sin Prov. 6.25 And so because the Law said they should not forswear themselves they mattered not though they swore upon every trivial and slight occasion so as they did not forswear they thought they were not too blame To this false gloss of their Christ opposeth when he saith but I say swear not at all Secondly Christ opposeth his speech to another custome of theirs which was that because the Scripture said they should not forswear their selves but perform to the Lord their Oaths therefore they did not matter what they swore by so they perform the things they promised therefore Christ forbids their swearing any Oath either by Heaven or Earth or the Temple or Jerusalem or by their Head but would it not be I logical to conclude from hence that therefore we must not swear by the Lord in things lawful so that by this Text and that in James we are forbid to swear by any Oath that we call any thing below God or Jesus Christ to bear record to Thirdly this Text doth not only forbid all vain swearing in our Communication and all solemn swearing one to another by any thing below God but it also forbids all voluntary Oaths which they swore to perform to the Lord if they did not swear by the Lord but by Heaven or Earth or the like therefore Christ saith it was said of old time thou shalt not forswear thy self but shalt perform TO THE LORD thy Oaths hereupon they thought if they promised or dedicated any thing to a Religious use or made any vow to the Lord if they swore by a Creature that they would perform what they vowed they thought they had answered the Law that this was a custome see Mat. 23.16 18. whosoever swore by the Gold of the Temple was a debter that is he was bound with a bond to perform what he had promised so if he swore by the offering he was guilty that is guilt was upon him if he did not pay this further appears Mark 7. if they said to their Father or Mother Corban that is to say a gift they were free from relieving their Father or Mother though they were in want if they could but tell their Parents they were bound by an Oath to give such a thing to God By all which we see that Christ doth not oppose the lawful use of oaths that was commanded by the Law but their depraved sence which they had put upon the Law not only in swearing but in other things also this Answer will serve to that Text James 5. for since as I have said it cannot forbid all such Oaths as were commanded it must forbid such Oaths as were sinful and unlawful even under the Law only let me add a word or two touching this Text and the persons to whom it was writ if we look in the first Chapter we shall find the Epistle is writ to the 12 Tribes scatered abroad now in this 5. Chapter the Apostle for the better supporting of them in this afflicted and scattered condition tells them what they should do and what they should not do that which they should do in affliction is to take the Prophets for an example of suffering affliction and patience and that they would remember the patience of Job ver 10.11 Secondly that they would consider the honour that men have that indure affliction with patience behold we count them happy that indure ver 11. Thirdly that they would consider that the Lord is pitiful and merciful and will not as if he should say suffer us to be tempted above what we are able to bear having told them what they should do he now comes in the next verse to tell them what they should not do but above all things my Brethren swear not for it was very usual for them to make passionate Oaths in afflictions For this see Psalm 132.1 2 3. Lord saith the Psalmist remember David in all his Afflictions how he swore to the Lord and vowed to the mighty God of Jacob saying I will not enter into the Tabernacle of my House nor clime up to my bed nor suffer my eyes to sleep nor my eye lids to slumber till I have found out a place for the Lord an habitation for the mighty God of Jacob now God had said that David should never build him an House all such kind of Oaths made passionately to God in affliction seems here to be forbid among others that I have before made mention of because he hath no sooner said above all things swear not but in the next words he immediately subjoyns that if any be afflicted they should pray Having shewn what sacred Oaths are and to what end they were taken And that neither Christ nor James can be understood to forbid all swearing I shall conclude with this exhortation but let every man take heed how he sweareth for the Lord will not hold him guiltless that taketh his name in vain Exod. 20.7 but will be a swift witness against all that swear falsely Mal. 3.5 FINIS