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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

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book and kissing it is no more then shewing his consent to the oath as if he had said yea or I wil speak the whole truth by this he was as firmly bound by an oath as if he uttered the matter with his own mouth and therefore if the Judge after the consent to the oath do ask a question of the party sworn an he do but answer and give in his testimony in naked assertions without saying I swear by the Lord or by the oath I have taken or the like his bare answering to the question is as much as if he had pronounced a oath with the highest asseverations that could be thought on and this kind of swearing agrees with that which was commanded under the Law as appears by the forementioned Text Levit. 5.1 The thrid way by which a man becomes bound by an oath is no less sacred though somewhat differing from the former and that is called an oath of cursing an example of this we have in Numb 5.19 When a woman was questioned whether she had known any other man besides her Husband the Text saith that she was to clear her self by an Oath of cursing or execration this was done two wayes First when one was adjured by a curse and he answered amen or so be it then he was bound by an Oath this is manifest from the fore-cited Text Numb 5.19 the Text saith that the Priest charged the Woman with an Oath of cursing and her saying amen or so be it was as much as if she had uttered all the words of the curse with her own mouth and if she were guilty of the fact she was to be an Oath of cursing among her People ver 21. As much as if he should have said if any Woman shall be suspected of the like fault for time to come she shall clear her self by this Oath of cursing and say the Lord make me like that Woman whose thigh did rot and whose belly did swell if I am guilty of this crime to this agrees Jer. 29.22 and Isa 65.15 And you saith the Lord shall leave your name for a curse to my chosen or as some read an Oath of cursing as much as if the Lord should say my judgments shall be so heavy upon the wicked that when ever my chosen shall confirm the truth of what they speak or promise they shall remember the name of wicked men and revive their memory for an Oath of cursing and say the Lord make us as those wicked men who cryed for sorrow of heart and howled for vexation of Spirit if we are guilty of the suspected crime or if we do not perform that which we have promised or the like otherwise than so the Name of wicked men after that judgment is executed upon them could not be a curse to the righteous Such kind of Oaths we read of Judg. 17.2 And Micah said to his Mother the eleven hundred shekles of silver that were taken from thee about which thou cursedst and spakest also in mine ears behold the silver is with me I took it and his Mother said blessed be thou of the Lord my Son this was no other but charging by an Oath of cursing or adjuration to tell what became of the silver like to this is that saying of Solomon Prov. 29.24 He that is partner with a thief hateth his own Soul he heareth cursing and bewrayeth it not as much as if he had said he is not only a partaker in the theft but is guilty of the sin mentioned in Levit. 5.1 in as much as he hears the voyce of cursing or the voyce of the Oath charging him to bewray the thief but doth not Another example of this kind we have Josh 6.26 Joshua adjured them or as we may read he exacted an Oath of cursing saying cursed be the man that riseth up and buildeth the City Jerico their consent herein bound them by an Oath of cursing not to build it as much as if they had pronounced it with their own mouth and 1 Sam. 14.4 Saul adjured the People by a curse not to eat there consent herein bound them as if they had sworn the like we have Neh. 5.13 when Nehemiah took an Oath of the People which was an Oath of cursing saying when he shook his lap so God shake every man out of his house and Labour that performeth not this promise all the People said Amen in so answering they bound themselves by an Oath of cursing This should admonish every man to have a care how they curse or wish unless it be in a holy manner to clear up the truth of any matter in question lest their names be remembred for an Oath of cursing to all posterity 2. A second way by which a man binds himself by an Oath of cursing is when he uttereth the curse with his own mouth an example we have of this in David the Text tels us 2 Sam. 3.35 that David swore saying when he wished that God would do by him as by Abner and much more if he eat bread till the Sun was down little do people think that this manner of speaking is an Oath and such an Oath that God expects the performance of I come now to the 2d question viz. what is the end of sacred Oaths but before I answer give me leave to revive the forementioned distinction between Oaths that were commanded and Oaths that were voluntary and the rather because Oaths that were commanded were ordinarily such as were made BY God to men and Oaths that were voluntary were made TO God this distinction appears plainly if we consider the example of Abrahams swearing his servant to him BY the Lord Gen. 23.4 and David swore TO Saul BY the Lord 1 Sam. 21.22 and Abraham swore BY the Lord TO Abimelech Gen. 21.23 and the Spies swore BY the Lord TO Rahab Josh 2.12 Now the end of such Oaths as men swore by God to one another was as the author to the Hebrews tells us Heb. 6.16 to end al strife and to comfirm the truth of a matter in question an example we have of this Exod. 22.11 If a man deliver to his neighbour an Ox or an Ass or a Sheep or any Beast to keep and it die or be hurt or stollen away no man seeing it then shall an Oath of the Lord be between them both that he hath not put forth his hand to his neighbours goods and the owner of it shall accept thereof and he shall not make it good the like to this we have 1 Kings 8.31 32. Again another end of one mans Swearing to another was to make good all lawful Promises which had proceeded out of his mouth examples we have of this kind in the case of Abrahams swearing to Abimelech and the spies swearing to Rahab and Jacobs Swearing of Esau to make good the Bargain about his Birth-right and Nehemiah Swearing the People to keep their Promise Neh. 5.13 Having spoken of the end of such Oaths as were commanded
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