A BRIEF REPRESENTATION OF THE Quakers Case OF Not-Swearing; And why they might have been, and yet may be Relieved therein, by PARLIAMENT. 'TIS a certain truth, That among Christians, and Protestants especially; there are divers particular things about Religion, conscientiously scrupled by some as unlawful, that others esteem Orthodox: And therefore 'tis not to be wondered, that the Quakers differ from many others, (tho' not from all) in this Case of Oaths; they believing they are absolutely forbidden to Swear in any Case, by that positive Command of Christ, Matth. 5. 34. and the Earnest Exhortation of his Apostle, James 5. 12. And that this is undeniably their Christian Persuasion, is evidenced by their Sufferings these many Years for not Swearing. And therefore their Case may be worth the Charitable notice of the Government, by Law to Relieve them therein. And not for their Religious Persuasion, to continue them and their Families, exposed to Ruin; who among their Neighbours cheerfully pay to the Support of the Government; and by their Trades, and Industry (according to their Capacities) advance the National Stock. It may therefore be humbly offered, ' That 'tis not the Interest of the Government, to refuse them Relief. Their Industry in Trade, both at Sea and Land, bringing Profit to the Government, as well as others; The Station they stand in, as Merchants, Farmers, Manufactors, Improvers of Lands and Stocks, is advantageous to their Neighbours as truly as others. And as it seems not the Interest of the Government in general, that they should be any ways discouraged in their Honest Industry; so neither is it the Interest of an Eminent part of the Government, that they should not be Relieved, viz. The Judges. For the frequent Suits that are brought against Quakers, before the Chancery and Exchequer Judges, are no doubt very troublesome and burdensome, by the difficulty of getting at a Just Issue, for want of Swearing, whereby Justice is delayed, and their Causes often held very long: And no doubt, when Just Judges see the Quakers wronged, and abused, and can't Relieve them, 'tis irksome to them: So that 'tis humbly conceived, 'twould be a great ease to those Courts, to have the Quakers Relieved in this Case of Oaths. Neither is it without Advantage to the King's other Courts, to be able to use the Evidence of one who is now a Quaker, that perhaps was not so, some Years ago; when he was a Witness to a Bill, Bond, Book-debt, or Deed of Indenture; or when he was Steward, or Trustee, or Servant, either to Persons of Quality, or to others of Trade, or Estate. Nor may their Testimony be unuseful to Coroners, in Case of Unnatural Deaths; nor inconvenient in Cases of Trespass or Felony, etc. And it is further proposed, That it is not the Interest of the Subject, to continue them unrelieved: For it is not the Interest of those the Quakers are indebted to: Because, tho' such may sue and harrass the Quakers, in Person and Estate; yet they may long want a Decision of their Debt or Claim, as to the right of it, for want of an Answer upon Oath. It is not the Interest of those they are concerned with, in any doubtful Case, because of the Difficulty to come to Trial. And for those that own Money to the Quakers, to be allowed to fly into Chancery for a Refuge; to obstruct paying just Debts; is such an Injury, as 'tis hoped, no one that is rational will countenance, or desire should be continued upon them. And may it not then be asserted, That 'tis no Honest Man's true and just Interest, (to have the Quakers denied Relief) no not the Gownsmen of Westminster-hall, whose few Fees from the Quakers as Plaintiffs, might suggest (tho' unduly) that they have no long-tailed Debts to sue for, nor Titles to recover; but if they so suppose, it's a mistake, for 'tis rather their despair of relief, and their well-known inability to pursue a Cause, that is their common determent to begin. So that of all Causes that crowd those Courts, few are brought by the Quakers, tho' they may need it as much as others, to the great Loss of the Learned in the Law, as well as the Poor Injured Quaker. And one might think 'twere great pity, an Industrious People should be kept liable to all Injurious Suits, and so much barred from Sueing for their Rights, be their Cause never so reasonable, just or necessary. Seeing their Relief is to them so needful, so harmless to all, and so useful to the Government, and their Neighbours; Let's a little consider the common Objections; which may be summed up in short thus; First Objection, How shall we then be at a Certainty? Secondly, Why should the Laws be altered for them? For, Thirdly, 'Twould be to raze old Foundations; Fourthly, And let them into the Government. Which its hoped will not be difficult to answer one by one, and that to reasonable satisfaction. And to the First, viz. The Doubt of Certainty. It may be rationally affirmed, That whosoever is bound to tell the Truth, (especially against men's own Interest, where the Temptation, if any, mainly lies) such are either so bound by the Law of God, or the Laws of Men, or both. Now the Obligations by the Law of God are binding on good Men, whether they give Answers on Oath, or on their Solemn Affirmation in the fear of God; and Knaves are only bound by the Penal Laws of Men; which if made equally severe, to those that give fallacious Answers, as well without Oath as by Oath, would be equally effectual and binding, both to them that give Answers without Swearing, and to them that Swear. The Second Objection, That 'twould be an Alteration of the Law; Not of the Substance of the Law, but of a Circumstance; and if that hath no detriment in it, but that the Alteration be really an Amendment, and a conveniency to an Honest, Industrious People, pray why should it not be done? What Sessions of Parliament is there, that passes, but some Law or other is made for the ease, security or relief of the Subject? If Foreigners are too hard for our Seafaring People, out goes an Act of Navigation to prevent it. If our Poor at Home want Silk to Work with, how soon is it granted? (notwithstanding the same Act) to come over Land, and not directly in Shipping from the places of its produce, as the said Act before did enjoin; And shall the Ease of Trade be so soon granted, against a positive Statute; and the Ease of Conscience be so long denied in this, as positive a Command of Christ, at least really so believed and accepted? And for the Third Objection, That 'tis to raze old Foundations: Answer, No; as 'twas said, 'tis rather to mend them; a proper Work for Parliaments. Did not Parliaments Abrogate Popery, with all its Claim of Antiquity? Did not a Parliament make the Act of Habeas Corpus against the Claim of Prerogative? And was it more reasonable to secure the Subject from perpetual Imprisonment by a King without Trial, than it is to secure one Subject from Imprisoning another till Death, for not giving an Answer in Chancery or Exchequer upon Oath? Does it belong to Parliaments to secure other Subjects in their Estates, Liberties and Properties? And is it Unparliamentary, to secure the Quakers from Sequestrations, against their whole Estates? Because they dare not comply to a Circumstance of the Law; when (as they understand it) 'tis against an express Command of Christ? Surely no. And therefore their Relief in Parliament is a fitting Case to be there tenderly taken notice of, and provided for. May it not then be well worth the while for this present Parliament, to Relieve these Distressed People, and afford their Suffering Case Redress? That thereby their Causes may the sooner come to an Issue; whether they Sue for Just Debts, or are Sued: Whereby many Unjust and Vexatious Suits, by Injurious and Litigious Persons, may be prevented, which have often tended rather to the Quakers Ruin, and others Damage, than Recovery of their Right. As to the Fourth Objection, That 'twill tend to let them into the Government: For Answer thereto, Bar that as hard as you please; only done't let the Supposal of that, from which so easily, and so willingly they may be excluded, be a hindrance to that ease and benefit the Government may so easily afford them. But now while you have opportunity by the Station Providence hath placed you in, pray be you of such Noble, Generous Spirits, as to Relieve them, tho' they differ from you in the Construction of a Text, they esteem plain and positive on their side, and from which they dare not swerve, having therein the Concurrence of many * Chrysos●… etc. Sw●…by's App●… the King●… Walter 〈…〉 his Decl●…on. Ac●… Monume●… Vol. 1. 〈…〉 new Ed●… Young's 〈…〉 Exam. fol●… old Edit. 〈…〉 abundan●…thers. Ancient Fathers, and Martyrs, and since them the Mennists, and of late Francis Osbourne Esquire, in his Political Reflections, 7th Edition, p. 319. who treating of Judicial Cases, calls Not-swearing, a Yielding a Sincere and Faithful Obedience to the Precept of our Saviour, Swear not at all, (which [says he] the Corrupt Glosses of Expositors labour much, tho' all in vain, to elude.) And Swinderby in his Appeal to the King, complaining of the Errors of the Papists, say thus, As Christ forbids Swearing, so [says he] the Pope justifieth Swearing, and compels Men to Swear. Which no Man can rationally say, is only spoken of Swearing in Communication, for his Complaint is against justifying Swearing, and compelling Men to Swear, which cannot be pretended to mean other than solemn Swearing; for no Age, that we read of, did ever Authorise Profane Swearing, much less compel to it. Since therefore not only Profane Swearing, but also Solemn Swearing, was early complained of by Protestants, let it not seem strange to any, that the Quakers now scruple Swearing, and for ease therein have often sought Relief in Parliament, the proper place. Seeing then they believe they have the Authority of Christ's Command, and the Apostles Exhortation, and the Martyr's Doctrine on their side; tho' divers of you are not so persuaded. Yet let the World behold your Justice, and Willingness (according to your Power) to do Good to all the Honest and Industrious People you both Represent and Govern: By Enacting, That their Solemn Affirmation shall be accepted in Lieu of an Oath; and all that falsify therein shall be Punished Equally with Perjured Persons. It having been made appear to a Committee of this Parliament, [Dec. 2. 1692.] that they are Exposed to great Hardships, as aforesaid; and not themselves only, but others also; [which was the Case of a Member or two of this present Parliament.] So that upon the whole Matter, the said Committee were of Opinion, and did Report it to the House, That the Quakers ought to be Relieved according to the Prayer of their Petition, [than newly Presented to the House.] Wherefore, as Liberty hath been given them, to declare their Allegiance to the Government without Swearing, for which Ease they are sincerely thankful; so be pleased to add to that Kindness, their Relief in the Matter of Oaths, between them and other Subjects, as well as between the Government and them. Signed in Behalf of the said People, Theodor Eccleston. London, Dec. 22. 1694.