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A39570 The bishop busied beside the business, or, That eminent overseer, Dr. John Gauden, Bishop of Exeter, so eminently overseen as to wound his own cause well nigh to death with his own weapon in his late so super-eminently-applauded appearance for the [brace] liberty of tender consciences, legitimacy of solemn swearings, entituled, A discourse concerning publick oaths, and the lawfulness of swearing in judicial proceedings, in order to answer the scruples of the Quakers ... / by Samuel Fisher ... Fisher, Samuel, 1605-1665. 1662 (1662) Wing F1051; ESTC R37345 155,556 170

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it under Christ an everlasting Sabbath to the Lord by mans cessation from his own works as God did from his Isa 58. ult Heb. 4. which Iewish observation of the seventh day as a Sabbath now who so attends to never so solemnly though once sanctified and commanded to be kept will have as much acceptation with God that is none at all as he that never so solemnly swears by the Name of God in such ceremonious wayes as the Jews did of old or goes beyond the bounds of bare asseveration with attestation which to do we not onley think as the Bish. sayes of us p. 22. but know to be an old Iudaick superfluity now circumcised and by Christ precisely cut off from the lips of Christians Besides how that third commandment can be so immediately and peculiarly made use of as by the Bish. and the Priests it is in proof of the morality of Oaths or in proof of the legitimacy of them upon any whether Moral Political or Ceremonial account either more than other places which more directly and expresly as Deut. 6. 13. by way of precept command to swear by God's Name as if that were the most capital and Cardinal Text we do not see save onely that the Priests have insinuated that notion of Moral into peoples minds concerning all those ten words wrote with God's finger meerly as a figure of what he writes by his Spirit in mens hearts 1 Cor. 3. as if those were onely Moral and all Moses Writings by Gods own appointment had nothing in them but Ceremoniality or Politycism beside them and as if there were no morality in all Moses Law but in them for it's clear to all but the blind and their blind leaders that there 's Morality elsewhere and Ceremonials and Politicals or Iudiclals commanded there as well as in other parts of Moses Law among vvhich ceremonials and politicals that of Oaths to end controversies while that Nature was standing as it was yet among the Iews that affected strife being a part however Christ came to fulfil the Law Moral yet he coming in the way of fulfilling that as the Bish. says to abrogate the Ceremonial yea and Politick laws too it must necessarily follow he hath abrogated all laws for swearing which the Bish. cannot deny to be pertaining whether peculiarly or no that 's nothing to true Christians to the Iewish Polity in Church and State And as for those words Thou shalt not take the Name of the Lord thy God in vain they rather forbid all than command any swearing if the Bish. words be true as they are who sayes A true Christians Oath is needless his word being as firm as it p. 41. and an evil mans Oath worthy of no more credit than a Lyar p. 17. Since upon that account whoever swears by the Name of God swears in vain and to no purpose whether he be a true man or one deceitful his word amounting to as much as his Oath for frustra fit per plura quod potest sieri per pauciora And so whereas the Bish. says there is no danger of doing hurt to our own consciences any more in Oaths than in serious affirmations and negations We say there is if swearing needlesly by God's Name be as it is a taking Gods Name in vain fith the Lord will not hold him guiltless who taketh his Name in vain Moreover whether the Bish. who insists so much upon the morality of the command for swearing under the Law and so consequently for the perpetnity of it under the Gospel doth not in effect quit and desist from that kind of Plea for Iudicial Swearing of his own accord we appeal to discerning men whilst p. 23. he pleads the necessity of such solemn Swearing upon no other account than as in order to cure many Christians good Christians the whilst of ill diseases jealousies distrusts dissimulations frauds uncharitableness unsatisfactions insecurities for saith he quoting Grotius in his Margent Iudicial Swearing's necessary not absolutely and morally or preceptively as the Shool-men note well but by way of consequence and remedy as good new Laws are necessary for the curb or cure of new Evils in in Polities and Kingdoms Possibly as Christians truly such we should need no Swearings in publick or private but as men weak and unworthy we cannot 〈◊〉 without such Oaths to end controversies and to secure as much as man can do the exact proceedings of Justice seeing then he says Oaths stands non ex necessitate precepti but medii onely See whether the Bishop do not here with his own hands take that course of swearing off from the file of the Gospel which he could not do if it were a moral precept for than secundum se what is Moral being Evangelical it must abide unabolisht under the Gospel and put it upon the score of the Law onely which being added onely because of transgression must end in Christ and under the Gospel by whom the strife and all transgression is ended as is to be shewed more at large by and by So that whereas he says thus Swearing is a part of that Moral Law which Christ signally tells he came not nor ever intended to abolish but maintain he may as well say Christ came not nor ever intended by his coming to abolish strife and transgression which is the end of Oaths for if he came to finish transgression and make an end of sin among his people and to bring in everlasting righteousness then to end Oaths also among his disciples which stand for no other end then to end strife while and where it stands for Absente aliquo sine de jure cessat medium tendens ad istum sinem Finally in that he says Christ maintains Oaths so far as the love of God and our neighbour are great accomplishments of all Laws to both which religious swearing is most conform Herein he palpably contradicts not onely the Truth but himself also who says Swearing is to be no where but where strife is which is a work of the flesh inconsistent with true love to the neighbour and not most conform to it for love fulfills the Law works no ill to the neigbour ends all strife and so puts swearing the means to end strife out of place and date 4. The Bishops said Information according to the state of the Question ought to be of the legality of judicial swearing in the Church of Christ among true Christians and Christs Disciples truly so called who are not under the Law that came by Moses but under the grace and truth of the Gospel that came by Iesus Christ otherwise he reaches not at all ad rem substratam comes not close to the case in question between himself and the Quakers whom he would convince who grant the lawfulness of Oaths of old among the Iews What the Bishop says p. 21. he supposes is true enough viz. That it is so clear even to the sylliest and most scrupulous among the Quakers that they
which is the main end of all civil Goverment it cannot truly be supposed to be prejudicious to either the Piety Honour and Safety of that Nation to alter its establisht Lawes for the sake of those few which for Conscience meerly cannot conform in meer outward matters And so the case is here for as that People that are most truly tender of keeping the truth and peace which are the party that though they least deserve it yet suffer most alwayes and for the most part only under those Laws that are made to force the Conscience in case of Religion cannot be forced to do against their Faith and so with more Pitty Piety Prudence Peace Safety and Honour every way may be let alone to live a quiet Life under all civil Governments in all Godliness and Honesty the disturbing them under the pretence of their being Disturbers being the true Cause of most Disturbance in most Nations So the generallity of the ruder sort that make no such Conscience about Religion as the upright ones do can without scruple change their Worship if men will have them and as people did by the lump worship that Image which was set up on pain of ruine if they bowed not to it eccepting three that did dissent for whose sake they found good cause soon after to change the Edict can conform quietly to and fro without scruple or controul as they did in Edward's Maryes and Elizabeth's Dayes to what Forms of Worship shall be required of them and so a Toleration by Law to the rest at least that cannot cannot be so far from a Nations Piety Prudence Honour and Safety as this Bp. Imagines and cannot but be most tending to its Security for those Nations which weave the Spiders Webb which catches and hampers the small harmless Gnats and Flies while Hornets and venemous Creatures that have strong stings and great strength that know how to foot it thorow every form and suite their peace to every Profession crawl over them without being caught or tangled do draw down upon themselves that Vengeance from the Lord which he will as assuredly recompence on them in due time as ever he foretold it by his Prophet who said Isai. 59. 4 5 6 7 8. None calleth for Iustice nor any pleadeth for truth they trust in Vanity and speak Lies they conceive Mischief and bring forth Iniquity they hatch Cockatrice Eggs and weave the Spiders Webb He th●… eateth of their Eggs dieth and that which is crushed breaketh out into a Viper Their Webbs shall not become Garments neither shall they cover themselves with their Workes Their Works are Works of Iniquity and the Act of Violence is in their hands Their Feet run to evil and hey make hast to shed Innocent Blood their thoughts are the thoughts of iniquity wasting and destruction are in their pathes The way of peace they know not and there is no judgement in their goings they have made them crooked pathes whosoever goeth therein shall not know peace Lastly Though indeed it is not consistent with the Piety Prudence Honour and Safety of the true Church to alter its Laws and Constitutions for the sake of such as are not of it because Christ himself is their Law-giver who hath not put it into her power to make her own Laws much lesse to impose her Laws under outward penalties with carnal weapons on the consciences of other people and by his Law allowes a latitude as to outward observations in whicih his Kingdom stands not to do as every one is by him perswaded and required in his own mind so be that he who observes or observes not dayes or outward things does and does it not unto the Lord neither need the ●…asse-Church change her Orders for the sakes of such as dissent from it and are not of it as the Quakers are not either of the Bishops or the Popes each of which if they please themselves shall not disprease us in their Acts and Orders for superfluous Ceremonies so be they let us alone with whom as being not of their Church they have nought to do de jure as with Members of it yet so far is it from being against the Piety Prudence Honour and Safety of any Nation or earthly Kingdom to repeal such Laws as they have made by their Priests Direction to bind men to conform to Religions contrary to their Consciences that if any happen to err aster that sort of Priests which do direct them and the Bishop without the Light which we call all men to and which he opposes is no more infallible but as fallible to the full as the Pope and Presbyter yea none of the three do so much as pretend to infallibility save the Pope then it 's neither Godly Prudent Honourable nor so much as safe for any Nation not to change its establisht Lawes for the sake of Dissenters from its Error sith in not changing them God himself is rebelled against in such a case whether those lawes be made for Swearing or against true Worship which are the two things only aimed at in the Act against the Quakers about one of which there 's the self same reason as about the other and in proof of this we have the authority of the Bishops own true Testimony to the one which is as true when given forth in a way of evidence to the other whose Words concerning Swearing which with the Bishops consent to it mans Law now commands pag. 23. are as followes If it do appear that all Swearing is absolutely by our Lord Christ forbidden to his Disciples God forbid we should not obey his Word and rather change the lawes of man than violate his Commands to whom we Christians owe the highest love loyalty and obedience but if it appear as say we it doth not by any thing said in the Bishops Book or any where else to religious reason that the words of Christ do not import an absolute forbidding of all Swearing we must not be so much slaves to the Letter as to leade Truth and Reason captive or to deprive our selves of that religious Liberty which is left us and so not only lawful for Christians to use but in some cases prudentially necessary as to the expediences of mens Iealousies Lives Liberties Estates and good Names even in private much more in the dispensations of Iustice to the publick Peace and general Satisfaction of whole Polities and Communities wherein men live sociably under Law and Government To which Words of the Bishops concerning Swearing mutatis mutandis we subjoyn concerning our meeting together to Worship God in Spirit and in Truth which with the Bishops consent thereunto mans Law now forbids viz. if it do appear that all meeting together in Christ's name of above five of his Disciples at one time to Worship him in Spirit and in Truth in any one place except in some such Churches or Chappels as are of mans and for the most part of the Popes Consecrating of old for
under it as well as throw it of the Gospel condemn'd not the Jews for swearing simply but for swearing vainly and for for swearing yet by his Son who was made under the Law and a minister to reform it for a time and after a time put an end to it and to the transgression and sin variance strife c. because of which it was added by bringing in the everlasting righteousnes he condemns somewhat more th●…n was condemned by Moses and the Prophets who yet by the Bishops own confession have condemnd both vain swearing and forswearing therefore that could be no other then the very thing call'd swearing it self even by Gods own Name as well as by any creature altogether as is seen hereafter But if the Bishop say he uses those Old-Testament Texts and examples as Mediums onely and premises by which ultimately to prove the lawfulness of swearing under the Gospel as one of the moral and so perpetual precepts of the Law which end not in Christ nor are abolished but established by his coming for thus indeed that we may do him no wrong ●…ut right to the utmost so far as 〈◊〉 words can help themselves he comes to speak in the passage following p. 37 38. Bp. If from all these premises it be clear that some swearing 〈◊〉 morally lawful agreeable to the express Law of God even in the third Commandment in which we are not onely forbidden to propha●… the Name of God but the affirmative also is included of sanctisying his Name by all ways of praying praising vowing and swearing if in doing thus upon just occasion private or publike we sin not against any Moral Law c. it must under●…ably follow that Christ did not forbid or annul the old Law as to the sanctity and morality of an Oath but onely take away the corruption and abuse it being no desigh of Christ to destroy or diminish but to fulfil the Law Moral However he came in the way of fulfilling to abrogate the Ceremonial yea and the Politick Laws too so far as they were peculiar to the Jewish Policy in Church and State c. Swearing was a part of that Moral Law which Christ signally tells shem he did not come nor ever intended to abolish but to maintain so far as the love of God and our neighbour are great accomplishments of all Laws to both which Religious Swearing is most conform it being to God's glory and our Neighbo●…s good There is no danger then of doing hurt to our own Consciences any more than in serio●…s Affirmation and Negati●…us 〈◊〉 Oath having nothing but the attestation of God in it who is ●…iness ●…f all we say and do Ans Of what the Bish. speaks this i●… the sum the 〈◊〉 for Swearing was Moral as those for praying praising these standing under the Gospel in force as well as under the Law To which we return Let the Bish. take away the shadow and plead nothing but the substance of things and leave nothing but the morality of the whole Law and we will grant him that it may and must be used at this day But that 〈◊〉 not done in all things if it be in anything by the Popish nor yet by the Protestant Bishops to this very day The Law which had the shadow of the good things to come but not the very Image or substance it self that came by Moses but the 〈◊〉 things themselves 〈◊〉 the Grace and the Truth is that which 〈◊〉 Gospel hath and that came by Iesus Christ. Moses and the 〈◊〉 prescribed and enjoined the ceremony of all service to God and the figures of the true but as the day breaks the shadow vanishes the figures flee away and the maked truth it self of them stands only de ju●…e under Christ now How beit I undervalue not the Law so as to liken it thereto as being in worth infinitely above them yet as all Aesops Fables which vvere but fancies had some moral or other after them the shevving of vvhich they pointed at so much more had all Moses his outward forms and figures some moral substantial more Evangelical spiritual and eternal Truth and true things which they vvere but the shadows shews and figures of and as the ceremoniality of the service of praying and praising was the offering of Incense and Sacrifice singing c. and other formal supersluities which then attended those services but the substance it self is the lifting up of the heart to the Lord in sighs and groans from the movings of his own pure Spirit and singing and making melody in the heart to the Lord under the Gospel in which time the offering up of sweep incense and other Sacrifices would be but the offering of Swines blood And the substance of circumcision is that of the heart Rom. 2. which being come by in Christ the other is but the concision Phil. ●… And Christ the Passeover in the substance in respect of whom the other killing of a Lamb once in force is but the cutting off a Dogs neck So the substance of that ceremouy of Swearing that now abides as the Bish. himself confesses is no other than what we are free to viz. the testifying the known truth from the heart with an addition of no more then as occasion may require it some kind of attcstation of God who is Witness of all we say or do and that no more than confession or denial by yea and nay with onely some attestation or calling ●…o witness to strengthen the asseveration which is no Oath as is shewed above is that stauding substance that answers to that shadowy ceremonious way of Swearing in use under the law is most evident by the Paul's rendering of that term Swearing as it 's spoken of in way of prophesie concerning its continuance then as Isa. 45. 23. To me every tongue shall swear under that term of confessing onely under the Gospel Rom. 14. 11. Every knee shall bow and every tongue shall confess to God confession under the Gospel is made aequivalent with an oath under the Law And because the Bish. mentions the third Commandment in proof of the morality and perpetuity of all that Swearing that was commanded under the Law without annulling any tittle of it as if he judg'd every Letter and Tittle of the ten Commandments were moral and so in all respects unchangeable and uncapable of any unihilation by Christ's coming He much forget●… himself in that vain imagiuation for all things in those ten words in the first Table of them are not so moral or perpetual without some cer●…nrality and subjection to alteration by Christ's coming as he imagi●… and if he had but remembred the very fourth commandment that is next to it he would have remembred that Remember to keep holy the sabbath-Sabbath-day which then was the very seventh day of the week which God had sanctified was but a sign type shadow figure and ceremony of the seventh day of the Worlds rest from its labour and of keeping after