therefore as they were not to swear by the Lord so neither might they swear by Heaven it being Gods Throne which would amount to swearing by God that sitteth thereon Neither by the Earth neither by Jerusalem neither by the Head which being the greatest of the Creatures the prohibition includeth also the lesser Therefore it is evident none of Christs words being spoken in vain That Christ Jesus did not onely forbid all swearing by the Creatures but also by the true God For if there had been any exception intended by Christ the Wisdom of God he doubtless would have mentioned it as well as he did vers 32. where it 's said Whosoever shall put away his Wife except it be for fornication causeth her to commit adultery c. For an Oath and Swearing not being in the beginning with God nor originally of him as true witness-bearing was but being added because the true witness-bearing was transgressed for a time viz. until Christ Jesus the true and faithful Witness and ground of all true witness bearing was made manifest to restore the true witness-bearing as it was at the first Now Christ being come and having chosen his Disciples out of the world to be his Witnesses and to place and restore the true witness-bearing unto and amongst them whom he had appointed to be Lights and good Examples unto the World he therefore took away Swearing which was not of Faith but was added because of transgression as before is said and as being more than Yea and Nay that he might restore and place the true witness-bearing which is of Faith and therefore to abide in the House and among the Houshold of God for ever For it is evident from the words of Christ where he saith Let your yea be yea and your nay nay for whatsoever is more than these cometh of evil that swearing being more than yea and nay the original ground or cause thereof in man came of the evil and not of the good in man And thus Christ Jesus having forbidden all swearing whatsoever as aforesaid and taken away the first ground or cause thereof in his Disciples he according to the will and promise of God in the place and stead thereof restored the pure Language the Word of Faith which is the Word of Truth that was in the beginning by the Light of which every one that believeth with his Heart cometh to know the Truth and so to do the Truth to confess and speak the Truth from his Heart unto his Neighbour or before a Magistrate in witness-bearing And this Witness being of God will not lye and is therefore the greater Witness which every one that believeth hath in himself according to 1 Iob. 5.9 10. And the Testimony that is born from this and according to this word of Truth in the heart in witness-bearing is in Truth in Righteousness and in Judgement being from and according to a good understanding And as the Truth which is in Christ the Wisdom and Power of God in mans heart is believed in it doth purifie and make clean the heart by taking away sin and unbelief out of the heart and so reconcileth it unto God and one man unto another And now the Testimony that is born according to the truth in the heart is that which God hath appointed to end all Controversie and Strife amongst men for now it is the Spirit that beareth witness because the Spirit is Truth 1 Iohn 5.6 And it is the Spirit of Truth which leads into all Truth and so from all Oaths Shadows and Swearing in witness-bearing which having but a shadow and not the substance of true witness-bearing when the substance was come the shadows were to pass away So what Christ Jesus received of his Father that he made known to his Disciples as he said Iob. 17.8 I have given unto them the words which thou gavest me and they have received them and have known surely that I came out from thee and have believed that thou hast sent me Insomuch as the Apostle Iames when he writ his Epistle to the Tribes which were scattered abroad he put them in mind being Jews not Gentiles of that Precept of Christ where he saith Above all things my Brethren swear not c. Iam. 5.12 Not that Swearing was a greater offence than Murder or Adultery But they being Jews and not Gentiles by nature had a Command from God under the Law to swear c. were apt to think they might as well swear then as they might before Not at that time being so fully informed that Christ Iesus was the end of the Law for Righteousness to them that believe in him and that by him all that believe are justified from all things from which they could not be justified by the Law of Moses Act. 13.39 For many among the Jews which then believed were at that time zealous of the Law of Moses insomuch as there were of them that taught the Brethren That except they were circumcised and kept the Law of Moses they could not be saved Act. 15. 21.20 So that although Adultery and Murder were as great sins as Swearing yet the Law which they were zealous of having forbidden the one and required the other it was more difficult to bring them off from Swearing than from Murder or Adultery And therefore as it 's usual amongst men to exhort those they are to watch over above all things to take heed of those evils they have been most addicted to and of those things they have been trained up in even so the Apostle exhorted them being Jews to remember the Command of Christ in whom they believed Swear not at all c. And although it be now concluded that Christ Jesus did intend by those words Swear not at all an absolute universal and unlimited prohibition of all manner of Swearing whatsoever as indeed it must be either all Swearing that was formerly commanded or else Christ in that Command forbid nothing which was not forbidden before nay by those words Swear not at all he made the case about Swearing more questionable dark and doubtful than it was before which for any to affirm were a great injury to Christ the Wisdom and Power of God And yet Christ Jesus in forbidding all manner of Swearing whatsoever did nothing but according to the will of his heavenly Father Nor did the Apostle Iames in putting the Jews in mind of his Masters Command Swear not at all any thing in opposition but in obedience to the requiring of Christ. And now of the things before written this is the sum That an Oath and Swearing was not in the beginning with God neither was the original ground or cause of an Oath Swearing of God And therefore neither was nor is an Oath or Swearing any part of the Law eternal nor of the essence of the worship and service of God in Spirit and Truth But the original ground or cause of an Oath and Swearing amongst men in the World was the
A TRUE TESTIMONY CONCERNING Oaths Swearing c. AS ALSO An Answer to the subject matter contained in Twelve Arguments or Reasons laid down in a Sermon preached at Carliste Aug. 17. 1664. by Allan Smalwood D.D. as he stiles himself to prove That our Saviour did not forbad all Swearing Wherein is fully cleared The Command of Christ and his Apostle Iames Swear not at all Matth. 5.34 Iam. 5.12 from the corrupt glosses limited sence and meanings of the said A. S. in his said Sermon and in his Reply to F.H. his Book called Oaths no Gospel Ordinance c. And also The unsatisfactoriness and unsoundness of the aforesaid Arguments fully discovered and the Command of Christ Swear not at all manifested to be an universal prohibition of all Oaths and Swearing whatsoever to his Disciples Written in the year 1668. By Ger. Benson Psal. 89.49 50. Remember O Lord the rebuke thy servants have wherewith thine enemies have blasphemed thee and slandered the footsteps of thiâ—â— Anointed London Printed in the Year 1669. To the READER READER VVHat I have written in this little Treatise not being after man neither by me received of man nor from man I have therefore made no use of the inticing words of mans wisdom neither of any mans testimony for the confirming the same but as the testimony therein born is for God the truth of his sayings not for man I have made use of no other witness than the Scriptures of truth which proceeded from the spirit that beareth witness because the spirit is truth and being so can neither deceive nor be deceived which spirit being of God is greater than man and so knoweth more For the things therein treated of are matters of faith therefore stands not in the wisdom of words or of men but in the power of God who shuts no man can open opens no man can shut Neither indeed is fallen man especially a swearer a competent witness in this controversie about swearing no man being a competent witness in his own cause Read then without prejudice own with understanding or answer in the ground without contending about words to no profit For the Kingdom of God consisteth not in words but in power neither in meat drink but righteousness and peace and joy in the Holy Ghost A true TESTIMONY concerning Oathes and Swearing c. IN the day that Almighty God created Man before man was in his Image and according to his own likeness created he him male and female created he them and having finished the works of Creation he looked upon all that he had made and lo it was very good And having also made the Man of the Dust of the Earth He planted a Garden Eastward in Eden where he put the Man whom he had made And that Man might learn Obedience the Lord commanded him saying Thou shalt eat freely of every Tree of the Garden but of the Tree of Knowledge of Good and Evil thou shalt not eat of it for in the day thou eatest thereof thou shalt die the death Now in that day there was no strife or controversie for what the Lord commanded it was done as it 's written Psal. 33.9 For he spake and it was done he commanded and it stood fast And God was all in all and over all the Law-giver Judge and King And as then there was no sin in the World which God had made so neither was there any controversie or strife betwixt Man and his Maker or amongst the Creatures of God neither was there any Oath or Swearing nor any other outward or visible Sign Shadow Type or Figure in or by which the Lord was to be worshipped nor any need thereof for the Lord God who is the substance of all was all in all and over all God blessed for ever who was worshipped not in words but in deeds not with Oaths and Swearing neither in set Forms Shadows Signs or Figures but in Spirit and Truth in Love and true Obedience which was and is better than Sacrifice or the fat of Rams And in that day the Law of the Spirit which is Eternal and nor Moral was the rule and guide of Man in his Worship and Service of God with whom Man in his Spirit had unity and fellowship in the Light Life and Truth that is eternal and unchangeable And as it was in the beginning even so it is and shall be in the day of restauration of all things by Jesus Christ who is and was and is to come the Almighty Alpha and Omega the first and the last the true and faithful Witness the Author of all true witness-bearing But Man being in honour continued not for the Serpent being more subtile than any Beast of the field deceived the Woman with his limitted sence and meaning which he then gave to the positive Word and Command of God even as the spirit that now ruleth in all the Chileren of disobedience with his limitted sense and commodious interpretations as they are called of the Scriptures of Truth doth deceive the simple that lends an ear unto him and thereby brought her then as that spirit doth people now into the transgression of the Word and Command of God unto which no man ought to add any thing neither to diminish ought therefrom Deut. 4.2 Rev. 22. 18 19. And the Woman having eaten of that which in its self was good and therefore not intrinsically evil mark that gave unto her Husband with her and he did eate who having eaten contrary to the Word and Command of God sin entered into the world and the world into mans heart and death by sin the first ground or cause of unbelief And now in that day the Candle of the wicked being put out Death and Darkness passed over the Life and Truth of God in Man so that the Word and Truth of God the ground of true witness-bearing which was and is Eternal not Moral was hid from their eyes who had sinned And now Man being deprived of the Glory of God and ignorant of his Righteousness went after his own Inventions so that as it is written Death reigned from Adam until Moses Rom. 5.14 And now in that day the Lord had a Controversie with Man by reason of his sin and Man in his sin was in unbelief of the Word and Truth of God the ground of true witness-bearing Insomuch as that in process of time when Men began to be multiplied upon Earth the wickedness of Men waxed great so that they went into strife and contention one against another until blood touched blood And in this estate of Man Abimelech King of Gerar who was in the unbelief of the Word and Power of God and observing that God was with Abram he was afraid as it is written The workers of Iniquity are afraid where no fear or cause thereof is Psal. 53.4 5. and having a controversie against Abram concerning Sarah Gen. 20.9 said unto Abram Swear unto me here by God
and came to restore the true witness-bearing as at the first which was and is the Righteousness of the Law of Oaths And the Apostle being an able Minister of the Spirit not of the Letter he was come to see the End of that which was abolished and preached the everlasting Gospel the word of Faith which was and is the Word of Truth the Author of true witness-bearing which was before any Oath or Swearing was And so as Christ his Lord and Master had done before when he said unto Pilate For this end was I born and for this cause came I into the world that I should bear witness unto the Truth Joh. 18.37 He in obedience to his Lord and Master did bear witness to and of the Truth And in witness-bearing did as the Servants of the Lord do call God to witness or appeal to the witness of God in men concerning the truth of what he declared without observing any set forms of words And as Sarai had done before when she said unto Abram The Lord judge betwixt thee and me yet did not swear at all But A. S. saith That calling God to witness is a formal Oathâ— because there is an attestation of the Name of God Answ. That the Name of God was used in witness-bearing before any Oath or Swearing was doth appear Gen. 3.3 where Eve before the Fall in witness-bearing used the Name of God when she said God hath said Ye shall not eat c. yet did not swear at all And Sarai after the Fall did use an attestation of the Name of God in witness-bearing when she said unto Abram The Lord judge betwixt thee and me Gen. 16.5 and yet Sarai did not swear at all in so doing And therefore the calling of God to witness or saying God is my witness c. without adding of somewhat more is neither Oath nor Swearing For if such attestations or mentioning the Name of God without somewhat more were swearing then it would follow That People did swear oftentimes in their Prayers As when they use that expression Oh God the Father of Heaven c. O God make haste to help us Amen Amen c. which for any to affirm were a great injury to the People Again If a bare attestation of the Name of God by what terms soever expressed were an Oath and Swearing without adding of some what more Then would the Magistrates in Judicial proceedings in cases where an Oath and Swearing is by the Law required receive such Attestations of the Name of God without denying them for Oaths and Swearing But such Attestations or the like without adding somewhat more is denied by the Magistrates in Judicial proceedings c. Therefore they are no formal or legal Oaths without addition of somewhat more which somewhat more being more than yea and nay cometh of evil For it must be confessed and it is the chiefest ground or cause that is alleadged for the lawfulness of some swearing under the Gospel that it is necessary for the ending of Controversies and Strife in Judicial proceedings c. That if an Oath or Swearing were lawful in any case whatsoever it must be in Judicial proceedings c. And I do not find in the Scriptures of Truth That any Oath was lawful but in such proceedings or the like emergent occasions All vain and prosane Oaths being forbidden by the Law And as the lawful use of Oaths under the Law was in legal or judicial proceedings so the definition or determination of what was a legal Oath or Swearing and what was neither Oath nor Swearing was by the Law and the Ministers of it and not by private or particular men For at this day there are several kinds or forms of Oaths required by the National Laws And yet the bare Attestation of the Name of God without addition of somewhat more is not answerable to any of them neither doth fully answer the requiring of the Law as the daily practise of the Law in the Courts of Judicature doth manifest which practice doth declare what a legal Oath is in the judgment of the National Laws And for illegal Oaths A. S. I hope will not contend By which Laws also it doth appear That the Law doth put a difference betwixt an Oath or Swearing and Witness-bearing and doth not confound them together as many men do As for instance in one particular When a Party or a Witness doth appear to answer a Libel or to give Evidence in the Ecclesiastical Courts upon his Appearance in the Court he is required to take his Oath and then the Book being held the Party having laid his hand thereupon some words being spoken to him by the Judge of the Court and after the Party having kissed the Book then is the Party said to be Sworn or to have taken his Oath And being so Sworn he is admonished to give in his Answer or his Evidence as the Case is at or before such a time so that the Evidence after given into the Court is the Witness-bearing and not the Oath which Evidence or Answer as the Case requires if he neglect or refuse to give he is proceeded against for refusing to give his Evidence or Answer And not as one that refuseth to Swear or take an Oath he having Sworn or taken his Oath before which Evidence if given is the Witness-bearing and not the Oath For if he refuse to swear he is proceeded against for refusing to swear although he offer to give his Evidence without swearing So that the Evidence is the witness-bearing and not the Oath By which it doth appear That an Oath is in and of it self a distinct thing from Witness-bearing which was before any Oaths was and is but a Bond or Tye for true Witness-bearing and not the substance For when the Evidence is given if what is Evidenced be false the Oath taken before or after doth not make it true And if it be truth that is Evidenced the refusing to take or add an Oath or give a Token Sign or Pledge doth not detract any thing from it By which it may appear to the unprejudiced in mind That the laying aside of an Oath and Swearing which was added for a time under the Law in witness-bearing because men had transgressed or gone from the Truth of God which was in the beginning before any Oath was in witness-bearing is not to destroy true witness-bearing but the reducing it to its primitive purity as it was in the beginning So that the true Witness Christ Jesus being made manifest all that believe in him and receive him to them he gives power to become the Sons of God and by his Spirit which is Truth and leads into all Truth he enableth them to do the Truth confess the Truth and speak the Truth from the heart unto their Neighbour or before a Magistrate in witness-bearing as it 's written A good man out of the good treasure in his heart he bringeth forth good things So that our Neighbour
A.S. calls Moral in which â—s he saith Oaths are commanded Therefore A. S. is blame-worthy in asserting Swearing as an everlasting Statute to be observed by all that obey the Lord and his Christ and in so doing he is found in the steps of those in the Apostles dayes who taught That it was needful to Circumcise such as believed in Christ and to command them to keep the Law of Moses insomuch as the Apostles and Elders came together to confides of the matter and after consideration had declared That it seemed good to the holy Ghost and to them to lay upon them which from among the Gentiles were turned to God no greater burden than those necessary things viz. That they should abstain from meats offered to Idols and from blood from things strangled and from Fornication But I proceed to A. S. his tenth Argument or Reason as he calls it which was Arg 10. That the High Priest charged Christ our Saviour to swear and be accordingly Answered upon Oath and that some years after he had said Swear not at all Whence it follows That the lawful Magistrate may impose Oaths and the People upon whom they are imposed may and ought by Christs Example to Answer upon Oath notwithstanding the seeming prohibition Swear not at all Answ. That it was some years after that Christ said to his Disciples Swear not at all That the High Priest did use that expression unto Christ I adjure thee c. is believed But that Christ Jesus the true and faithful witness who came into the World to bear witness of the Truth and to establish the true witness-bearing as it was before swearing was when he said unto the High Priest Thou hast said did in so saying Swear or Answer upon Oath is denied Neither hath A.S. proved that Christ did swear otherwise then by his and other mens conjectures and conceivings All of which being Swearers are not in this case competent Witnesses And that he saith That the High Priest adjured Christ and Christ answering Thou hast said without more saying did Swear by the Living God not expressed indeed by him but by the High Priest Answ. But how doth A. S. know that Christ before his Answer to the High Priest did not deny swearing or to swear for it s written Ioh. 21.25 That there were many things which Iesus did which if they should be written every one c. And therefore to conclude because it is not mentioned by the Apostle that Christ did not deny to swear therefore Christ did swear This is to â—esk a surmise to warrant swearing when Christ had before commanded his Disciples Not to swear at all For if to answer by way of affirming or denying that which is asked by a Magistrate were an Oath and Swearing because the Magistrate doth require the Party to Swear without addition of somewhat more Than surely many have suffered in these late years as refusers to take an Oath and to Swear when they did Swear But my belief is That the Magistrates by whom such have been fâ—oned and imprisoned or otherwise censured for refusing to Swear or take an Oath and better know what a legal Oath is than A. S. doth in this particular are of another judgment or opinion than A. S. is or else it may be hoped that none hereafter shall suffer upon that account of refusing to Swear when they are willing to Answer and do Answer to such questions as they shall be asked or examined of by the Court or particular Magistrate And therefore A. S.'s Conclosion is denied failing in the proof of his premisses But to proceed to his eleventh Arguments or Reason viz. Arg. 11. That no Exposition of this Text or any other was to be admitted that put an inconsistence betwixt the Old Testament and the New But that Exposition Swear not all that renders it a total prohibition of all Swearing does so for it makes it contradict several Texts in the Old Testament And therefore is not to be admitted Answ. The Law of Christ is Penal to the transgressors of it Heb. 1.2 3. 12.25 and therefore doth not admit of any supply to be made by man who is and ought to observe the Command without exception of persons and not to frame Arguments against it and the Lord hath forbidden man to add any thing or diminish from what is written For the Law of God and of Christ being perfect therefore nothing ought to be added to it Therefore to admit of any Exposition of the Scripture whereby to make them contradictory one to another or any Text of Scripture contradictory in it self were a great evil And therefore all commodious Interpretations as they are called of that Text Mat. 5.34 But I say unto you Swear not at all c. inducing the lawfulness of Swearing in some cases is denied as being contradictory to what is written For if such Expositions were received for Truths Then would an able Oratour with his School-Distinctions and Syllogisms make the same thing seem either likely or unlikely according to his fancy And in the end do as the Scribes and Pharisees did make void the Law of God with their Traditions and subtil Distinctions but we have not so learned of Christ who are taught of him the Truth as it is in him unto which nothing is to be added nor any thing taken therefrom And where it is said by A.S. That that Exposition of that Scripture Swear not at all that renders it a total prohibition of Swearing does put an inconsistency betwixt the Old Testament and the New I Answer and do say It doth no more so than those Texts which A.S. and others of his judgment do own for the change of the Seventh-day Sabbath unto the First day of the Week nor thus the Apostle did 1 Cor. 7.19 where he said Circumcision is nothing and Gal. 5.2 If any man be circumcised Christ Iesus shall profit him nothing nor then Christ Jesus himself did Mat. 5-43 44. when he said It hath been said of old time thou shalt love thy Neighbour and hate thine Enemy But I say unto you Love your Enemies bless them that curse you Besides several other Texts of Scriptures that might be mentioned in the New Testament to that purpose So that although there hath been diversities of Dispensations and diversities of Administrations and Commands as there are diversities of Gifts and Operations yet the same Spirit and the same Lord Law-giver Judge and King who at sundry times and iâ— divers manners spoke in the old time to our Fathers by the Prophets and hath spoken to us in these last dayes by his Son aâ— Commanded that all should hear him and honour him to whom he hath committed all Judgment who saith Swear not at all â— that if Times and Dispensations were rightly discerned and distinguished the Scriptures of the Old and New Testament do agree for there is no contrariety in the Spirit that gave them forth but the contrariety is in