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

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

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

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