THE CASE Of the People called QUAKERS, Relating to Oathes and Swearing, Presented To the Serious Consideration OF THE KING And both Houses of PARLIAMENT.

Printed in the Year, 1673.

THE CASE Of the People called QUAKERS, Relating to Oathes and Swearing.

'TIs not unknown that in this Nation, for Twenty or Thirty Years last past, under the va­rious Revolutions of Government we have been a suffering People; and al­though our peaceable behaviour un­der the Governors and Magistrates thereof has not been only evident to our Friends, but even our Enemies; yet the Covenants, Engagements, [Page 6]Abjurations and Oaths which every Interest before you have thought good to provide and impose upon the Peo­ple, in hopes to establish their own safety, has been of all other the greatest Snare unto us, who since the Lord first raised us up in these Nations, could not Swear at all, and the Oaths Provided to Testifie Allegiance to the King, and deny all of the Popes Supremacy in Causes Civil and Ecclesiastical, the refusal whereof incurrs a Premunire, has been executed upon such whose hearts and hands could seal to the sub­stance thereof, and whose practice hath testified their Allegiance to the King, and principles of denying the Pope, yet their Consciences not allowing them to Swear at all (because of the Command of Christ) for that only they have been the sole Sufferers thereby, witness the many Hundreds of us that have been Premunired and suffered many Years, some ten Years and up­wards [Page 7]imprisonment, besides confisca­tion of Goods, and forfeiture of Estates and Liberty; yea many Hundreds, have dyed in Prison, when such against whom this Oath was directed and in­tended, have not felt the least Penalty thereof, as most Countries through­out this Nation can bear witness.

Now we being in the Sight of God and Men clear in our Principles and Practices, as well of all Conspiracies against the King, as Adherents to the Pope and his Religion (which Root and Branch we absolutely deny) and abominate; we cannot but press you to a weighty Consideration of our State and Condition, that after so long ex­perience of our Innocency and tedious Suffering, we may be eased of this Snare and heavy Burthen, which has so long been our Lot and Portion.

And though it may to you, and many more (in these Dayes) seem strange, that in this or any other Case [Page 8]we cannot swear at all, though it has been to the apparent Ruine of many in their Estates and Liberties; yet in this have we had Peace with the Lord, it being what he requires at our Hands, and in good Conscience to­wards God, and Obedience to the ex­press Commands of Christ, and Do­ctrine of the holy Apostles, and not in Contempt of the King or Govern­ment are we found in this Practice; God who is the Searcher of Hearts knows, that its with holy Respect to the Reputation of Christianity, and the Evangelical Dispensation of Truth and Righteousness, (which exceeds that of the Law, and the solemn Oaths thereof) and to Christ's express Prohibition in that Case, which is, Swear not at all, neither by Heaven, or by Earth, Math. 5.33, 34. &c. NOR BY ANY OTHER OATH; but let your yea be yea, and your nay be nay, lest you fall into Condemna­tion, [Page 9]Jam. 5.12. So though it was al­lowed in the Law, christ and his Apostle forbid it in his Gospel.

And that we are not the only Asserters of this Doctrine since the Dayes of Christ and the holy Apostles, we have of many more given some Instances and Testimonies of such primitive Christians, Martyrs and Fathers, who were of the same Mind and Judgment with us in this Case, and suffered in their Day by the Hea­thens, Popes, and Popish Cruelty for the same.

Example 1.

Policarpus a Martyr for the Christian Faith, Ex Euseb. Hist. Eccl. l. 4. c. 15. who is said to be a Disciple of John the Evange­list, and an Overseer or Bishop in Smirna, being apprehended and brought before the Proconsul of Smirna, was demanded to Swear by the Empe­rors good Fortune, or Caesar's Prosperity [Page 10](which was then their national Oath) he absolutely denyed, saying, He was a Christian: But said the Proconsul, take thine Oath and I will discharge thee; Anno Christi 162. defie Christ (who said swear not) Po­licarpus answered, 86. Years have I been his Servant, yet in all this time he never hurt me: so denying to swear, which was then a Mark of Distinction; and alledging in lieu thereof that he was a Christian, was committed to the Flames, Fox. Acts & Mon. Vol. 1. Fol. 55.

Example 2.

Pontius a Youth of 15. Years old, and Blandina a Woman, who both endured great Torments, Euseb L. 5. ca. 10. and at last Death by the Heathens in France in the Reign of Antonius Verus about Anno 179. refused to Swear, being often urged.

Example 3.

Basilides a Souldier, and of Autho­rity in the Roman Host, Euseb. Lib. cap. 5. being required to give an Oath in a Matter concerning his Fellow-Souldiers, denyed to do it. plainly af­firming, He was a Christian; for which he suffered Death about Anno Christi 205. Fox. Mon. 1 Vol. Fol. 71.

Example 4.

In the Plow-Man's Complaint is this amongst many others, viz. ‘Lord thou givest us a Commandment of Truth in bidding us say, yea, yea, nay nay; and Swear for nothing but Lord, he that calleth himself thy Vicar on Earth (viz. the Pope) hath broken thy Commandment; for he makes a Law to compel Men to Swear.’

Example 5.

John Wickliff, that eminent Opposer of the Popish Doctines and Traditions, King Ric. 2. Anno 1384. who was by the Pope and his Officiaries 41 Years af­ter his decease pronounced a Heretick, and his Bones, and Books being 200. Volumns were burned, for asserting & promulging heretical and damnable Doctrines against their then holy Church, &c. as was alledged, was articled against, amongst other Do­ctrines, for holding forth, ‘That all Oaths which be made for any Con­tract or civil Bargain betwixt man and man were unlawful, Fox. Acts and Mon. 1 Vol. Fol. 587.

1 Obs. Of whose Learning and good Life the University of Oxford, Anno 1406. give a publick Testimony a­mongst other things asser­ting, Ex 2 tom. ope­rum Jo. Hussi. Fol. ult. that all his Conditions and Doings throughou this [Page 13]whole Life to have been most sincere and commendable.

2. Obser. John Husse and Jerom of Prague were also publick Assertors of his Doctrine, and Vindicators of his Principles against the Papish, for which they were condemned by them as Hereticks.

Example 6.

Will. Swinderly within the Diocess of Lincoln persecuted by the Papish for holding Heretical Opinions; K. Ric. 2. Anno. 1389. the 14th. Article against him was, that he should say, ‘That no Man ought to swear for any thing, but simply without an Oath to affirm or deny; and if he swear, he sins, Fox. Acts and Mon. 1 Vol. fol. 614.

To which, or to the Substance there­of he declares his Mind and Opinion in his Appeal from the Bishops Sen­tence to King R. 2. and his Counsel, [Page 14]in these Words, ‘Whereas Christ's Law forbids Swearing, the Pope's Law justifieth Swearing, and com­pels Men thereto, Fox. Mon. 1 Vol. fol. 613.

Example 7.

The general received Doctrine by the poor Christians in this Nati­on, K. Hewd. 4. in which if they persist­ed, they were condemned as Here­ticks, and if to avoid the Flames which Popish Cruelty then inflicted, they must openly declare and renounce and abjure this their Opinion amongst o­thers, ‘That neither the Pope, nor the Prelate, neither any other Ordi­nary can compell any Man to swear by any Creature of God, or by the Bible-Book, Fox Acts and Mon. 1 Vol. fol. 687.

Example 8.

William Thorp-being a Prisoner for [Page 15]Opposing the Popish Do­ctrine, King Henr. Ann. 1407, was brought before Tho. Arundell, Arch Bishop of Canterbury; and after his Charge of being an Heretical Person, as requir'd to kneel down, and lay his Hand upon a Book, and kiss it, &c. To which he answers, ‘If after your bidding, I shall lay my Hand upon the Book, to what Intent? to Swear thereby? the Arch Bishop said to him, Yea, where­fore else? Upon which Thorp reply'd, Sir, a Book is nothing else but a thing coupled together of divers Crea­tures; and to Swear by any Crea­ture, both God's Law and Man's is against it, Fox, Act. & Mon. 1 vol. fol. 689, 690.

One Article against William Thorp, was, 'That the third Sunday after Easter, Anno 1407. in the Town of Shrewsbury, and through leave granted him to preach, he said openly in St. Chads Church in his Sermon, viz. [Page 16] ‘That it is not Lawful to Swear in a­ny Case, fol. 692.

And being again demanded to kneel down, and touch the Holy Gospel-Book, and kiss it, saying, so help me God, and this holy Doom—he argueth largely against it, concluding thus, ‘Therefore to Swear upon a Book, is to Swear by Creatures, and this Swear­ing ever unlefull, fol. 701.

Adding further, ‘This Sentence witnesseth Crysostom plainly, blaming them greatly that bring forth a Book to Swear upon; Charging Clarks, That in no wise they Constrain any Body to Swear, whether they think a Man to swear True or False.’

‘And the Arch Bishop menaced me with great Punishment and sharp, ex­cept I left this Opinion of Swearing, fol. 701.

Again, the said William Thorp be­ing demanded of the said Popish Bi­shop, What he understood of that Saying of Chrysostom, That it is a Sin [Page 17]to Swear well—he answers, ‘Full many Men and Women now say, That it is well done to Swear, by God, by our Lady, and other Saints, to have them in mind; but since all these Sayings are but Excuses and Sin, me thinketh that his Sense of Chrysostom may be alledged against all such Swearers, fol. 702.

Example 9.

Elizabeth Young, who was brought to Examination in the Ma­rian dayes, Anno 1558. before the Ca­tholick Inquisitors of Heretical Pravity, Fox Act. & Mon, vol. 3. fol. 910. as they then called themselves; where to en­force her to Swear, this Language was used to her.

Dr. Martin,

Thou shalt be racked Inch meal, thou Traytorly Whore and He­retick; But thou shalt Swear before a Judge before thou go.

Eliz. Young,

Sir, I understand [Page 18]not what an Oath is, and therefore I will take no such thing upon me.

Dr. Martin,

She refuseth to Swear upon the Four Evangelists be­fore a Judge; Fol. 911. for I my self, and Mr. Hussey, have had her before us Four Times, but we cannot bring her to Swear.

Then said the Bishop,

Why wilt thon not Swear before a Judge, &c.

Eliz. Young,

My Lord, I will not Swear that this Hand is mine.

'No,

said the Bishop,

and why?

Eliz. Young,

'Christ saith, That whatsoever is more then Yea yea, or Nay, nay, it còmeth of Evil.

Then Dr. Cook brought her a Book, commanding her,

To lay her Hand there­on.

Eliz. Young,

No my Lord, I will not Swear.

And so she persisted till God delivered her out of their Hands.

Example 10.

The Waldenses, whose Names are famous in the reformed Churches, and were the most antient and true Prote­stants, professed it to be no way lawfull for a Christian to swear.

In defence of whom Bishop Usher, late Bishop of Armagh, Primate of Ire­land, pleaded their Cause a­gainst Swearing, In his Book de Succes. cap. 6. and against the Papists and Jesuits, who were Swearers.

Example 11.

The Christian Protestants in the Valley of Piedmont, who were cruelty cortured to Death by the Papists, about Anno 1655. Morland history. p. 217. and 218. one Article alleadged against them, was, ‘That they believ'd it was not lawful to Swear any thing be it true of false.’

Example 12.

Erasmus in his Paraphrase on Mat. 5.34. doth in the name of Christ ut­terly condemn all manner of Oathes, saying ‘It is not lawfull to Swear by God; ye need none Oath, ye need no Excration or Cursing, two words be sufficient, nay and yea: There is no man less bound with his simple and bear word, then the Jew by Swea­ring; he that Sweareth, either he thinketh ill of him to whom he Sweareth, or else he that requireth the Oath doth distrust; but none of these ought to be in you whom I ut­terly forbid Swearing, &c.’ the like Paraph he hath on Jam. 5.12.

Plato, Let an Oath be absent from eve­ry one; let none Swear himself, and let him not require an Oath of another.

Meander, G, Bish. Looking-Glass for the times. Fly an Oath although thou mayst Swear justly.’

Antonius, Epist. 2. to Swear or speak falsly is the same.

Hesiod, in his Theogonia placeth an Oath among the brood of Contention ‘An Oath greatly hurteth men, p. 88. when justice appears among men, then Swearing vanishes, p. 13.

Theognis, There ought to be no such thing as to Swear, neither ought he to Swear this or any thing, ver. 660.

Example 13.

August, in Psa. 88. It is well that God hath sorbidden man to Swear lest by custom of Swearing (in as much as we are apt to mistake) we commit Perjury: There's none but God can safely Swear, because there's no other but may be deceived.’

August. de Mendacio, I say unto you Swear not at all, left by Searing ye come to a Facility of Swearing; from a Facility to a custome; and from a custome ye fall into a Perjury.’

There was a people in the Province of Albi in France, Anno, 1176. who were greatly envied by the Pope, Ban. An. 1310. nu. 3. held that it was unlawful to Swear.

Example 15,

Michael Sadler (an aminent man, called a Lord) was cruelly tor­tured and put to Death by the Papists under the Emperor of Germany, W. C. Albridy pag. 193, 194, and 195. whose brethren were also Executed with the Sword, and his Wife and Sisters drowned, Anna 1527. One Article alleadged against him was, that he had said, ‘That men should not Swear to, or before the Magistrate.’

Example 16.

Jerom saith, Evangelica veritas non recipit Juramentum; The Gospel Truth admits not of an Oath.’

Example 17.

Chrisostom saith ‘Non oportet ut vir qui evangelice vivit juret omnino; It behoveth not that the man who lives accoding to the Gospel should Swear at all.’

Example 18.

Justin Martyr, Christians ought not to Swear at all.’

Charge against Walter Brute, that he Asserted, ‘Item, That it is not Lawful for Christians forany Cause in any Case, Fox Mon. 1 vol. fol. 623. K. R. 2. to Swear by the Creator, neither by the Creature.

His Answer.

As concerning Oaths, I believe and obey the Doctrine of Al­mighty God, pag. 653. and my Ma­ster Jesus Christ, which teaches, that [Page 24]Christian-Men in Affirmation of a Truth, should pass the Righteous­ness of the Scribes and Pharisees of the Old Testament, or else he excludes them from the Kingdom of Heaven; for he saith, Unless your Righteousness exceed the Righteousness of the Scribes and Pharisees, ye cannot enter into the Kingdom of Heaven. And as concer­ning Oaths, he saith, It hath been said to them of Old Time, Thou shalt not For­swear thy self; but shalt perform unto the Lord those things which thou vowest: But I say unto you, Thou shalt not Swear at all; neither by the Heaven, nor yet by the Earth, &c, But let your Communica­tion be Yea, Yea, and Nay, Nay; for whatso­ever shall be more then this proceeds of Evil. Therefore as the Perfection of the Ancient Men of the old Testa­ment was, Not to forswear themselves; so the Perfection of Christian-Men is, Not to forswear themselves; so the Perfection of Christian-Men is, Not to Swear at all, because they are so commanded of Christ, whose Com­mandment [Page 25]must in no case be broken, although the City (or Church) of Rome is contrary to this Doctrine of Christ, even as in many things she is found contrary to her self.

And Christ saith in the Gospel-times to the Church, Mat. 28.17. That by the Mouth of two or three Witnesses every Word may be established: and this Christ spake in matter of dif­ferences, that might happen among Christians; but said nothing of an Oath, for Oaths he forbad before.

And we cannot give forth a better Form of Words to testifie the Truth, then that which Christ our Saviour hath laid down, which is, Let our yea be yea, and nay nay, which the Apo­stles, Fathers and Martyrs preached, practiced and suffered for; and if we are called to bear witness, or any Of­fice or Service to and for the King or our Country, and testifie our Truth or Faithfulness to one or both, [Page 26]in which Cases Oaths are usually requi­red and imposed; we desire and re­quest, that you would be pleased to enact or provide that instead & Place thereof (as the Cases may require) our yea and our nay may be accepted and taken; and if we break our yea or our nay which is Christs solemn Form of sound Words, and which is his Gospel-Command, which we stand to and for; then let us suffer the same Penalty s they that can swear and break their Oaths; for Christ ended all the true and solemn Oaths of the Law among the Jews, and denyed them, and sets up yea yea, and nay and nay, instead of Oaths, and above them, which (as said before) we stand to & for, who are a peaceable People, and have never forfeited our Liberty; and we ow and desire nothing but Good-Will to the King and his Subjects and all People, and desires his and their Good and Everlasting Prosperity.

A Copy of an Order given forth by Autho­rity in Middlebrough, in which may be seen their Moderation to Tender Con­sciences in the Case of Refusing to Swear.

VVHereas there hath been an Address presented unto his Excellency, in behalf of certain of the Inhabitants of the City of Middlebrough, wherein Complaint was made of the Magistrates of the said City, who not long since caused the Shops of some of the said Inhabitants to be shut up, and consequently hath forbidden them Trading, though it be the only means to maintain their Families by; and this has been the Cause (to wit) Their Refusing the taking the accustomed Oaths, as others have done: Yet nevertheless it appears, that for certain Years past they have paid all Taxes, Contributions and Customs be­longing to the City, even Equal with other Citizens and Inhabitants of the said City (though they had never taken the said Oath) and that willingly; and therefore ought they now to have their Liberty, without being mo­lested [Page 28]in this Particular, seeing they desire no­thing else, then to live in the Enjoyments of the Liberty of their Consciences; in order to which this present War with the King of Spain was raised by his Subjects, and which now by the Help of God is come so far, that the a­foresaid Liberty of Conscience is obtained; and therefore it would be an Evil Thing to take it away from these people, who through their Paying of Taxes and Contributions, and Bearing of other Burdens (besides the great Hazard of their Lives and Liberties) hath helped to obtain it. And it appears that these People have declared. That they are willing to be Ruled according to the Ordinances of the City; yet nevertheless, the Magistrates do and have striven with them about the Oath, which hath not only extended to the expel­ling them out of the City, but consequently to the forcing out of a Numberless Company of others in Holland & Zealand, with their Wives and Children, to their utter Ruin; and this would not tend to any Man's Profit, but on the contrary; it would be a great apparent Hindrance to these Lands, because Trading thereby over all Nations would greatly De­crease.

And forasmuch as these People do profer, That their Yea shall stand instead of an Oath, and the Transgression thereof to be punished as Perjured Persons; which thing his Excellency having taken into Consideration, doth there­fore with the Advice of the Governour and Council of Zealand Ordain and Confirm, and by these Presents be it Ordained and Confirmed, That the People's Yea aforesaid shall stand instead of an Oath before the Ma­gistrates of the aforesaid City; and that the Transgressors of the same shall be punished, as Forswearers and Perjured Persons. More­over, his Excellency doth Charge and Com­mand the Magistrates of Middlebrough, with all others whom it doth concern, for the fu­ture, Not to burden these People aforesaid any further with the Oath, but that they shall open their Shops, and follow their Trading, as formerly they have done.

THE END.

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