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A35118 The case of swearing, at all, discussed with several objections answered, the primitive practices therein asserted out of several ancient authors : together with several presidents out of the book of martyrs : the inconveniences that follows the present practice of swearing, which might easily be prevented by a law to punish false witnesse-bearing, and lying as well as other evils : also, a word to all people that are zealous for the commands of Christ, recorded in the Scripture / by a friend of truth and righteousness, John Crook. Crook, John, 1617-1699. 1660 (1660) Wing C7197; ESTC R5532 23,258 32

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THE CASE OF SWEARING AT ALL DISCUSSED WITH Several Objections answered the Primitive Practises therein asserted out of several Ancient Authors together with several Presiden●s out of the Book of Martyrs The inconveniences that follows the present practice of swearing which might easily be prevented by a Law to punish false Witnesse-bearing and lying as well as other evils ALSO A Word to all People that are zealous for the Commands of CHRIST recorded in the Scripture By a friend of Truth and Righteousness John Crook Because of Oaths the Land mourns And for want of truth and righteousness in the Land the innocent and uppright are made a prey LONDON Printed for Robert Wilson at the sign of the Black-Spread-Eagle and Windmill in Martins near Aldersgate 1660. The Case of swearing discussed MAn was planted a Noble Vine wholly a right seed but he is turned into the degenerated plant of a strange Vine more degenerate than the Oxe or the Ass he is fallen from the uprightness sincerity and simplicity into the invention subtilty and fleshly wisdome where he lies grovelling upon the earth thinking by the multitude of his inventions to recover himself and to come to life again but he is fenced out with a flaming Sword so that to life he cannot come but through death which he seeks to avoid by following the counsel of the Evil-One who sayes in this as he did formerly to the woman Thou shalt not surely dye though God had said as it is written Of the tree of knowledge of good and evil thou shalt not eat of it for in the day thou eatest thereof thou shalt surely dye And also that which the Apostle feared might come upon some of the Corinthians is come upon all the world viz. The Serpent that beguiled Eve hath beguiled men and women in this age through his subtilty by corrupting their mindes from the simplicity that is in Christ and as the Deceiver then denyed what God had spoken and not onely so but also put his own meaning and exposition upon Gods Command that so he might accomplish his end for said the Perverter then God doth know that in the day thou eatest thereof your eyes shall be opened and ye shall be as Gods knowing good and evil And hath not the same Serpent beguiled the people of this age from the naked simplicity to hearken to the disguized subtilty and fleshly wisdome not onely to deny that Christ hath given out an absolute Command that his followers should not swear at all by any Oath but also as he did then so he hath done since and doth do now in this age put his exposition and meaning to Christs commands in saying in some men that it is not all swearing that is forbidden but swearing in mens ordinary communication This exposition the subtilty in some men puts upon Christs Command whereupon the● conclude that notwithstanding Christs command not to swear at all yet when any man is called before a Magistrate if the Magistrate require it he ought to swear c. To which it is said Christs own words at the 33 Verse of the fifth of Matthew answers this objection in these words Again it hath been said in old time Thou shalt not forswear thy self but shalt perform to the Lord thy Oaths but I say unto you Swear not at all c. Mark Thou shalt not forswear thy self c. The Law in old time did not allow of swearing in their ordinary communication and dealing for that was taking Gods Name in vain Exodus 20.7 which was forbidden from the beg●nning but in that case wherein they were allowed to swear they were not to forswear themselves But Christ Jesus the Son by whom the Father speaks in these last times who is the end of the Law for righteousness to all that believe in him who is the truth and substance of all sayes Swea● not at all Mark the truth sayes swear not at all for whatever is more then yea and nay comes of evil Now if Christ the Truth had spoken no more in these words Swear not at all c. then to forbid prophane swearing as they call it or not swea●i●g in mens ordinary communication what doth he forbid ●ore then was forbidden in old time seeing as before is proved that all prophane swearing which is a taking of Gods Name in vain or swearing in ordinary communication or dealing was forbidden from the beginning And again how doth this hold parallel with the rest of Christs sayings and comparisons viz. What was said in the old time by the Law and is now said by himself who is the sum and end of the Law for righteousness c. and whether they who thus reason do not by their Traditions make Christs Command of none effect And do not all those that plead that the Saints ought and may swear when they are called to it by a Magistrate not onel● break Christs Commands themselves but teaches others so to do whose portion may be read in Matthew 5 19. and by their thus ●●asoning in their dark mindes make Christ to speak nothing further nor fuller then was spoken in old time though in old time it was said Thou shalt not forswear thy self but shalt perform unto the Lord thy Oaths c. But saith Christ I say unto you swear not at all Now let all judge who are not blinded through gain or tradition whether those that say the Saints ought to swear when called to it as aforesaid do not wholly make void these words viz. Whatsoever is more then these commeth of evil and so they being in the evil are blinded and hate the light that would let them see and speak evil of it because it would reprove them and be●ng in darkness they know not whither they go but as saith the Prophet ●say 5 20. call ●arkness light and light darkness and good evil a●d evil good And it is further manifest to all that have an e●e to see that Christ the substance and the truth in ended as he spake when he said Swear not at all which was to forbid all ●anner of swearing without exception because when Christ inten●ed an exception at the 32 Verse he ex●ressed it in these words But I say unto you Whosoever shall put awa● his ●ife saving for the cause of Adultery Mark saving for the cause of Adultery Where Christ plainly expres●eth the exception But for proud men to make exceptions where Christ hath made none is to set Self on the Throne And again at the 28 Verse the exception is expressed viz. Whosoever shall look upon a woman and lust after her Mark to lust after her and is not lest to vain man to put his meaning to it It is further objected by some that by those of old time is meant the Expositors of the Law who said If men swear truth that was no● evil but onely they were not to swear to that which was false c. To which it is answered that this being an
against his Apostles with the word of truth yet Christ tells them plainly his Word was not abiding in them which the Saints had received from Christ whereby they were made clean and by it which dwells richly in them they made melody in their hearts to God and David the Servant of the Lord Psalm 119.6.11 by the word which he had in his heart he was kept from sin against God and thereby had respect to all Gods Commands Now examine your selves and try your own selves whether you be in the Faith and the same Word of Life be in you and whose steps you walk in and whom you are found imitators of whether Abraham who forsook his Country to go to the Land which the Lord had shewed him and Moses steps who chose rather to suffer with the people of God then to enjoy the pleasure of sin for a season or whether you do not walk in the steps of him whom you so often upbraid others with namely Naaman the Assyrian who spoke good words and yet could not forsake his old Master to serve the Lord fully 2 Kings 5.18 But when he went into the house of Rimmon his Master leaning on his hand and he bowed down himself in that thing he would be pardoned Mark In this thing pardon thy Servant he knew it was evil and desired pardon for it and yet when his Master leaned upon his hand he must bow least he should lose his place and gain his Masters displeasure Now examine your selves doth not something let you see that notwithstanding all the Lord hath done for you and all that you have ever tasted or enjoyed from him yet there is this thing or the other thing that you continue in the practise of for one end o● other which you know you should not do and in words you desire pardon for them but you still continue in the same practise your very prayers witnessing against you and like those James 4.3 you are still asking but receive not becauss you ask amiss to spend it upon your Lusts still to continue in your Masters service in conforming to the customes and fashions of the world and in walking after the traditions of your Fathers as in particular in this case of swearing which Christ hath so plainly and sully forbidden and therefore your prayers return as dung in your faces your consciences condemning of you the which if you did regard to keep void of offence both towards God and towards men in the light of Christ you would have confidence towards God and whatsoever you asked of him you would receive because you keep his Commandements and do those things that are pleasing in his sight John 3.22 But now is blindness barrenness and leanness of soul upon you and yet you cry you are rich and you see and have need of nothing and hateth and disputeth against that which letteth you see the things which have need of pardon and so you are loaden with Sin and led away with divers Lusts alwayes learning never able to come to the knowledge of the truth and therefore are not free and in your principles conclude never can be while you are in this world and so by what hath been said you may see your own condition as a man sees his face in a Glass how that you not only respect mens persons preferring one before another but also Christs Commands picking out what you like and what may keep you in the repute of the world and preserve you in the preferment thereof but those that may expose you to hazzard or make you liable to the worlds scorn though as fully and expresly required by Christ of all his followe●s to be kept and observed you let slip and pass by as a thing of nought But be not deceived God will not be mocked for what a man soweth that shall he reap he that soweth to the flesh shall of the flesh reap Corruption And this shall you assure●l● receive at his hand if you repent not of your double min● you shall lye down in sorrow and he shall laugh at your Calamity and mock when your fear comes Now follows some reasons or grounds whereby the Spiritual eye or the man whose understanding is opened may come to see the necessity of the ab●l●shing of swearing since the dayes of Christs coming in the flesh FIrst Because all the things of the Law were but shadows of the good things to come Heb. 12.1 But Christ is the substance of all those types and sha●ows and is come into the world and is manifest in his Saints and true Christians and hath given them an understanding whereby they know him that is true and are in him that is true and he in them and he works all their works for them and in them and teacheth them to speak truth simply without guile or fraud and as he is so are they in this world and believes in him and follows his steps who is the truth and in whose mouth there was found no guile Secondly Because swearing implyes unbelief to be either in the person swearing or in him for whose sake the oath is taken or sworn which is not to be supposed to be in those as predominant or ruling who are Saints or true Christians who are redeemed not only from a vile but a vain conversation also and from the traditions of their Fathers that are not after Christ and from fear and unbelief also and every evil word and way and are called unto holiness and truth and are without fault before the Throne of God which things are found in the new heart that is Gods gift and in the new man that is created after God and renewed in knowledge after the Image of him that created him and so they are come to the end of all oaths and out of fears and doubts and unbelief to have strong consolation through Christ Jesus the way to the Father Thirdly Because herein namely by the abolishing of swearing do the excellency precedency and eminency of the New Covenant exceed the Old for the Old in this was faulty viz. that it made nothing perfect but this New Covenant and better hope doth for in this Covenant all the Children of the Lord are taught of the Lord and great is their peace and out of strife and contention and the use of Oaths are they come into the Covenant of Light and Peace in which they rest with God in the sense of the forgiveness of their fins and the blessedness of their state wherein their iniquity is remembred no more for their Tents are beautifull and their habitations are pleasant And here is Jacob inheriting the blessing in whom God sees no sin and the true Israelites indeed who walks according to the rule and in whom he sees no iniquity but peace is his portion for ever Of what hath been spoken thi● is the sum that Christ hath forbid all manner of swea●●ng in all cases whatsoever and this Doctrine was continued in b● his Apostles and practised by the true Christians in the first ages of the Church and hath been sealed with the blood of Martyrs and borne witness to by some in all ages down to this day and the contrary practise is a Popish Innovation and a Jesuiticall design to keep down the true headship of the Church and to set up him and to keep his Authority afoot wh●m the Lord is a●ising to destroy with the Spirit of his mouth and to consume with the brightness of his coming who hath been and is the cause of so much bloodshed and discord and variance among the Children of men whereb● Self hath kept the Thro●e and Equity and Righteousness hath fallen in the streets and he that departs from iniquity hath made himself a prey and the manner and customes of the Heathen hath been followed even by those who have professed a zeal for Christ and his Commands who while they have been professing of them have made them void by the traditions of men and true Christianity with Saintship by their means is become a reproach and the Name of the Lord hath been Blasphemed among the Heathen because of these things but the ●ord is arising as a Giant refreshed with Wine who hath seen the desolate state of his Spouse and is saying to Son Arise shine thy light is come for the Glo●y of the Lord is risen upon thee shake off the dust from thy feet put on thy beautifull garment for thou shalt be no more termed desolute or forsaken and to the brightness of thy rising shall Nations come and Princes to thy beauty and the glory and the riches of the Nations shall be laid down at thy feet and thou shalt be crowned with renown for ever and the everlasting gates shall be opened and the righteous Nation that keeps the truth shall enter in and none shall be able to make them afraid but the swearers and lyars shall be shut out and this is the Heritage of the Servants of the Lord foreve● But because of swearing and lying and killing and stealing and whoring they break out and blood toucheth blood therefore shall the Land mourn and every one that dwells therein shall be cut off Hosea 4.2.3 From henceforth let no man think it strange that any denies to swear at all but rather wonder that the God of this world should so long have blinded the mindes of them that believe not in the light of the Son of God least by the shining of the light in their hearts they should come to the knowledge of the Glory of God in the Face of Christ and by him should be taught to speak truth without swearing and so he become the Head over all things to the Church who is God over all blessed for evermore Amen THE END
of one Witness he shall not be put to Death In this case of Life and Death no Oath was used that we read of Deuter. 17.6 And if any false Witn ss did arise he and the party he witnessed against was to stand befo e the Lord and before the Priest and Judges which should be in those dayes and the Judges were to make diligent inquisition And if the Witness be a false Witness and have testified falsly against his Brother then shall ye ●o unto him as he had thought to have done unto his Brother so shall you put away the evil from among you Deut. 1916 17 18. But no swearing is mentioned and if any matter did arise too hard for them in judgement between blood and blood between plea and plea and stroak and stroak being matters of controversie within their gate they were not to swear men to finde it out neither were they to act presumptiously their own passion and wills and then cover it with saying they were Judges of the Law and they judged it so and many things being left to discretion and therefore sayes wilful men in the stoutness of thei hearts If we do what we cannot answer take your course against us And thus presumptiously do they act their own wills upon the innocent but Israel was not to do so but in cases too hard for them in judgement they were to arise and go up to the place which the Lo d God should choose and they were to come to the Priest and Levite and unto the Judges which should be in those dayes and enquire and they were to shew the Sentence of Judgement and they were to do according to the Sentence which they of the place which the Lord should choose should shew therein And thou shalt observe to do according to all that they shall inform thee c. And the man that will do presumptiously and will not hearken to the Priests that stands up there to minister before the Lord thy God or unto the Judges even that man shall die and thou shalt put away the evil from Israel Deut. 17.8 9 10 11 12. This was Gods Law to Israel that the Presumptious that would not wait upon the Lord to receive a Law where there was none should be put to death Was it an offence of old to act presumptiously And is it not now a crime worthy to be taken notice of by the chief in power in these dayes Or are there none that have done presumptiously in casting innocent people into prison when they have done no offence nor broken no known Law except it is become an offence to wait upon the Lord and to pray unto him for which cause and none other the innocent have been cast into prison by the presumptious and self-willed men who when they had no Law have acted in their wills contrary to ●●w let su●h remember that by Gods Law they that would not wait upon the Lord for a Law but would act presumptiously without a Law were to be put to death Objection That by not swearing at all we are to understand by any creature and not by God the Creator for they were commanded to swear by God Thou shalt swear by the Lord as in Deut. 10. c. Answer That according to Christs own words Swear not at all without any exception as before hath been proved and is expounded in the large Bible in Quarto in the Margent on Matthew 5.37 in these words VVhatsoever you vouch vouch it barely and whatsoever you deny deny it barely without any more words for whatsoever is more then these comes of the Devil And also in the sa●e book it is said on James 5.12 That what you have to say or affirm speak or affirm it simply and without any Oath and that that you will deny deny simply and flatly And again this Objection is more fully answered in Matthew 23.21 22. VVhosoever swears by the Temple swears by it and by him that dwells therein and whosoever swears by heaven swea s by the Throne of God and him that sits thereon So that he that swears by the creature shall not be exempted by the Creator from prophaning his name for now it is said Swear not at all Again it is objected by the former Objectors who sayes all proceedings at Law depends upon swearing that if we should take every mans word when they are called to give their testimony in all cases it might be of dangerous consequence both to mens lives liberties and estates c. To which it is answered That if the same Law or a stricter were made against lying and bearing false witness in all cases as against mens swearing false swearing or for-swearing themselves and that Law t●ul and constantly executed without respect of persons it would then be of no more danger to believe a mans yea or nay to the questions that are asked him by the Magistrate whatever they be then if they had kissed the book or used any other posture with the hand or spoken never so many words his affirming or denying to the case in question being his testimony I say the truth of these mens testimonies may as easily plainly and fully be discerned and punished according to the Law in that case provided if it be false as if the had used never so many words or postures as aforesaid a d therefore mens lives liberties and estates may every way be as well secured by a Law provided to punish lying and bea ing false witness as by any Law that is made or can be made to punish swearing or false-swearing so called Again as to the present state of things because there is no Law in being as some say to punish lying therefore we must swear c. What Law is there to force men to swear or to punish those that swear falsly or against their knowledge to their Answers to Bills in Chancery and Chequor And is it not common and ordinary for men so to do If there be a Law why is it not put in execution or doth Custome make swearing falsly and against a mans knowledge no offence and a mans speaking truly without swearing an offence punishable with imprisonment Who hath given this authority to Custome Let Equity answer But of this more may be spoken afterward in its place Objection That an Oath is a solemn thing and that when people are called before a Magistrate to swear there is an awe upon them and therefore those that are wicked and Lyars c. are afraid to forswear themselves when called before a Magistrate This Objection is for what answered in the preceding Objection But further it is answered That the fear upon People when they come to swear is either the fear of God which is good or some other fear which is evill as the fear of man only and his punishment this last fear is not to be feared by those that fear the Lord Fear ye not their fear but fear him that can destroy
both soul a●d bo●y and this fear is pure and keeps the heart clean whereby ●od is seen and deceit and guile is kept out a ditruth is spoken in all cases and he that abides in the fear of the Lord stands in awe and sins nor and is kept not only from wearing but lying also but he that onely fears man and his punishment when he comes to know and understand that there is as great or greater punishment to be inflicted upon him for his lying as for his false swearing or forswearing himself or bearing false witness then he also will stand in as much fear of a Lye as of an Oath or th●t which is called so besides it is commonly seen by experience that those who care not what they speak matters not much what they swear if so be they can but keep from the punishment of the Law but it is not so with the Righteous for the fear of the Lord makes them sober and solid and their words to be few and savoury seasoned with truth but those that fear man and his displeasure and punishment only when they know the same Law to be in force again lying as against swearing or swearing falsly they will then be as solemn and as afraid to lye as now to forswear themselves It is objected by others who say the Scripture is their rule that the holy men in old time did swear as we may read under the Law as Abraham sware and David and Solomon to all which it is said Christ is the end of the Law and he who is the Oath of God by whom God speaks in these last dayes sayes Swear not at all and he that is greater then Solomon whose day Abraham saw but he himself is now come and sayes Swear not at all and he who is Davids Lord sayes Swear not at all who is the end of the Prophets the everlasting High-Priest and Covenant of God the summe and substance of all the things the Law was but a shadow of Who is the Truth the Life and the Way to the Father and teaches all his followers to speak truth to their neighbour and to walk in the truth which makes free from swearing at all notwithstanding the traditions of their Fathers in the flesh or the practises of strifeful men for by Christ the Truth they are taught to speak truth and not to fear them that can but kill the body but to fear him that can cast both soul and body into hell which fear he hath placed in their hearts that they might not depart from him but abide in his Doctrine which sayes Swear not all It is further objected by some that the Angel sware in the Revelations and that Paul sware as may be read in his Epistles in saying I protest before God and in often saying I call the Lord God to Witness which is said to be an Oath c. To the first that the Angel sware it is said Let all the Angels worship him Who hath said Swear not at all And to that that Paul protested before God it is the intrusion of the Translator it being neither in the Greek Copies nor Latine nor some English Copies To the second That he calls God to Witness that is no Oath but onely an earnest attestation an Oath being that whereby by something is sworn by as Israel was to swear by the Name of the Lord and calling God to witness or saying God is my Witness is no more then to say I speak in Gods presence or before him who knowes the hearts and thoughts of all men and is no formal Oath as it is called or commonly used in opposition to a plain and earnest expression of a mans mind Again it is objected that not to swear at all is only Evangelical counsel and not an absolute prohibition of all swearing in all cases though it be said Swear not at all so it is said Thou shalt not kill and yet in some cases it is lawfull to kill Answer That forbidding to swear at all is no where in Scripture called Evangelical Counsel but such an Absolute and Positive Command and backed with the Apostles Doct●ine that I know not any Command fuller in the Scripture of truth And whereas it is said That to kill is a prohibition and yet in some cases allowable yet it is no where so said of swearing in the New Testament or since the time of its prohibition that it is lawful in any case to swear neither was it practised in the first ages of the true Church as may a●pear hereafter in its proper place under the head of Presidents of them who denyed swearing and though it be lawful in some cases to kill though it be said Thou shalt not kill yet ●t is no where said it is lawful to swear in any case as aforesaid but on the contrary Wo be unto them that brings a Christian to such a necessity that he must swear as woe attends them that necessitates a Christian to kill Now follows several Presidents or Examples both out of Holy W●it and Antient Authors of the best repute among them that are called learned FIrst in the Scripture of truth in the Old Testament where in the several cases wherein swearing was used is recorded as Gen. 24.3 Exod. 22.11 Numb 5.21 Levit. 19.12 Deuter. 6.13 and 10.20 Jeremy 12.16 Amos 8.14 Zepha 1.5 these being the particular cases and occasions wherein swea●ing is mentioned where the Reader may observe at his leasure the cases in which swearing is used and the ground and cause and end of it but neither was the Judges nor Rulers nor Prophets nor Priests nor Kings nor any other Officer that we read of constituted or made by an oath as necessary to let him into his work or office or place or imployment or that without which he could not so officiate or be imployed but on the contrary an oath was not so much as tendered to them or required at their hands neither in the greatest accidents or cases that fell out in Israel was it to be determined by those which were sworn or took an oath except before excepted in the case of goods committed to his Neighbour to keep c. Exodus 22.11 and the woman in case of Adultery Numb 5.21 who was to purge her self by an oath and so was determined by a signal and eminent judgment upon her but in all other cases as in particular between stroak and stroak and plea and plea and in cases of greatest moment as of life and death they were all to be determined without an oath and the false witness on either side was to be punished according to the appointment of the Law And in the New Testament by Christ the great Prophet and High-Priest of our profession it is so fully and absolutely forbidden and bound up with this word Not at all that nothing is plainer either in the Old or New Testament and this continued in and preached by his Apostles particularly by James