THE CASE Of the People called QUAKERS, Relating to Oaths 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 Oaths and Swearing.  
'TIs not unknown that in this Nation, for Twenty or Thirty Years last passed, 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, 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 Testify Allegiance to the King, and deny all of the Pope's Supremacy in Causes Civil and Ecclesiastical, the refusal whereof incurs a Praemunire, 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 imprisonment, besides confiscation of Goods, and forfeiture of Estates and Liberty; yea many Hundreds, have died 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 Burden, which has so long been our Lot and Portion.  
And though it may to you, and many more (in these Days) seem strange, that in this or any other Case we cannot swear at all, though it has been to the apparent Ruin 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.  etc. NOR BY ANY OTHER OATH; but let your yea be yea, and your nay be nay, lest you fall into Condemnation, Jam. 5.12. So though it was allowed in the Law, christ and his Apostle forbidden it in his Gospel.  
And that we are not the only Asserters of this Doctrine since the Days 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 Judgement 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 Emperor's good Fortune, or Caesar's Prosperity (which was then their national Oath) he absolutely denied, saying, He was a Christian: But said the Proconsul, take thine Oath and I will discharge thee; 
Anno Christi 162.  defy 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 alleging 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 Soldier, and of Authority in the Roman Host, 
Euseb. Lib. cap. 5.  being required to give an Oath in a Matter concerning his Fellow-soldiers, denied 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 Heretic, and his Bones, and Books being 200. Volumes were burned, for asserting & promulging heretical and damnable Doctrines against their then holy Church, etc. as was alleged, 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 public Testimony amongst other things asserting, 
Ex 2 tom. operum Jo. Hussi. Fol. ult.  that all his Conditions and Do throughou this whole Life to have been most sincere and commendable.  
2. Obser. John Husse and Jerom of Prague were also public Assertors of his Doctrine, and Vindicators of his Principles against the Papish, for which they were condemned by them as Heretics.   

Example 6.  
Will. Swinderly within the Diocese 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 Bishop's Sentence to King R. 2. and his Counsel, 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. Hewed. 4.  in which if they persisted, they were condemned as Heretics, 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 compel 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 Opposing the Popish Doctrine, 
King Henr. Ann. 1407,  was brought before Tho. Arundel, Arch Bishop of Canterbury; and after his Charge of being an Heretical Person, as required to kneel down, and lay his Hand upon a Book, and kiss it, etc. 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 replied, 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. 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 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 Say are but Excuses and Sin, me thinketh that his Sense of Chrysostom may be alleged against all such Swearers, fol. 702.   

Example 9  
Elizabeth Young, who was brought to Examination in the Marian days, 
Anno 1558.  before the Catholic 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 Heretic; But thou shalt Swear before a Judge before thou go.  Eliz. Young, 
Sir, I understand 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 myself, and Mr. Hussey, have had her before us Four Times, but we cannot bring her to Swear.  Then said the Bishop, 
Why wilt thou not Swear before a Judge, etc.  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 than 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 ancient and true Protestants, professed it to be no way lawful 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 Success. 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 alleged against them, was, That they believed 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 Oaths, saying It is not lawful 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, than 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 aught to be in you whom I utterly forbidden Swearing, etc. 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 falsely 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 aught 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 custom; and from a custom 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 alleged 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 according to the Gospel should Swear at all.   

Example 18.  
Justin Martyr, Christian's 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 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 thyself; 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 than 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 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 herself.  
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 spoke in matter of differences, that might happen among Christians; but said nothing of an Oath, for Oaths he forbade before.  
And we cannot give forth a better Form of Words to testify 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, practised 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 testify our Truth or Faithfulness to one or both, 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 Christ's 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 denied 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 owe and desire nothing but  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.  
Whereas 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 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 proffer, 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 Governor 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 Transgressor's 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.  
This was given forth in his Excellency's Name, and under his Seal, in the City of Middlebrough in Zealand, the 26th of january, 1577.   
THE END.