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 jeremiah Ives.  
LONDON, Printed by S. D. for Francis Smith, at the Elephant and Castle near Temple-Bar, 1660.   

THE GREAT CASE OF CONSCIENCE OPENED, etc.  
READER,  
THere are two Rocks that proves as perilous to Christians, as Scylla and Charybdis to Sailors (viz.) Ignorance and Scandal; that who so escapeth the one usually suffereth rack upon the other; sad experience witnesseth that very few have driven 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 heresy at one time, which they have embraced 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 profane abuse and Scandal that some have brought upon them. Hence it is, that many conscientious people do refuse to take any oath, since the Name of God hath been much profaned thereby; in so much that because of oaths the land mourns. And others (no less conscientious than the former) refuse to take any oath because they are persuaded 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 persuaded in his own mind, because every man must give an account for himself to God. That than which I shall undertake to prove, is that some oaths are lawful in the times of the Gospel; the which if the Lord enable me to make full 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 accrue thereby; And if I do prove that Assertory and promisary oaths are both lawful and useful, I have the prize I run for, and let God have the glory; And that I may so do, I shall propound this Method. First, I shall show, what Sacred Oaths are. Secondly, to what end they were taken. Thirdly, whether those two Texts, Mat. 5.34. and James 5.12. do forbidden the use of all oaths in the time of the Gospel.  
As concerning the first question (viz.) What a Sacred Oath is, the Scripture will 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 itself true, or the doing of that which is in itself lawful, unto which the living and true God is called 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, etc. 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 showeth, 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 which 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, Leu. 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 God's Proper Name, or any of his Titles: like unto this, was that oath or adjuration, which 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 persuaded 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 book and kissing it, is no more than showing his consent to the oath, as if he had said, yea, or I will 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 third 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 herself by an Oath of cursing, or execration; this was done two ways.  
First, when one was adjured by a curse, and he answered amen, or so be it, than he was bound by an Oath; this is manifest from the forecited 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 herself 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 judgements 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 cried 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 judgement 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 shekels 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 voice of cursing, or the voice 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 Jericho; 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 bond 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 remembered 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 tells 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 Abraham's 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 all 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 stolen 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 neighbour's 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 man's 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 Abraham's swearing to Abimelech, and the spies swearing to Rahab; and jacob's Swearing of Esau, to make good the Bargain about his Birthright, and Nehemiah Swearing the People to keep their Promise, Neh. 5.13. Having spoken of the end of such Oaths as were commanded; 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 climb 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 Oaths, 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 thyself, 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-denial, 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 forbidden all manner of Swearing in Gospel times; I shall first speak to that in Mat. 5.34. Where Christ saith, Swear not at all, etc.  
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 shown, 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 commandments 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 Commandments of the Law, which accommodated 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 died; 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. forbiddeth the use of all such Swearing as was commanded under the Law, because the Prophet's prophecy, that some such Swearing shall be used in the times of the New Testament, Esay 65.16. He that shall bless himself in the Earth, shall bless 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 Prophecy, that foretells that some swearing shall be lawful in those times that are to come, after the Ascension of Christ, and the death of the Apostle James; Then he that swears, shall swear by the God of Truth, THAN, 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 remembered; That this Prophecy respected the times of the New Testament, let Peter Witness, 2 Pet. 3.13. Nevertheless, we according to his promise, look for New Heavens, and a New Earth, wherein dwelleth Righteousness; So that these Scriptures foretell, 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 Righteousness, 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, than one of the great qualifications 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 confess, Rom. 14.11. plainly expounding the Prophecy, 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 only Jesus Christ as I have said, but the Apostle Paul did both practice and enjoin; 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, etc. 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 Witness (or record) to the Truth of what they said, Judg. 11.10. And the Elder of Gilead said to Jephtha, the Lord be Witness between 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 Witness,— that without ceasing I have remembrance of you in my Prayers, Phil. 1.8. God is my Record, how greatly I long after you all, in the Bowels of Jesus Christ, and 2 Cor. 1.23. Moreover, I call God to Record upon my Soul, etc. If calling God to Witness to what we say, be not swearing, I confess I am ignorant what swearing is; but if it be, than it was not only used under the Old, but under the New Testament.  
Again, under the Old Testament they swore, BY the Lord, or BEFORE God, (as I have already instanced) to confirm a Matter in question, this was practised under the New Testament, Rom. 9.1. The Apostle to affirm the reality of his affections, in order to the Salvation of the Jews his Countrymen, swears by Christ, for so Beza reads it, Veritatem Dico PER Christum, I speak the truth BY CHRIST: But it is of the same force, if we Read, I speak the truth in Christ, I lie not, my Conscience beareth me Witness in the Holy Ghost; for if any one should confirm the truth of what he speaks after this race, what did he less than swearing? however, it was more than yea and nay.  
Another instance we have of this kind, in Gal. 1.20. The things which I Writ unto you, behold, BEFORE GOD I lie not: And as they practised swearing upon solemn occasions, so they did exact it in the like Cases upon others; for to adjure (as I have said) is to exact an Oath, or to charge one to swear; Now we read 2 Tim. 4.1. that Paul charged Timothy BEFORE GOD, and the Lord Jesus Christ, and 1 Thes. 5.27. I charge thee BY THE LORD, that this Epistle be read to all the Holy Brethren; Beza reads it, Adjuro vos per Dominum, I charge thee to Swear by the Lord, etc. to this agrees that of the High Priest, who (as we read it) adjured Christ; but in Beza's English Bible, it is, he charged him to swear; Now if all swearing were forbid by those two forecited Texts, the Apostle Paul would neither have done it himself, nor charged others so to do, both in things Assertory and Promisary, as the forementioned Scriptures proves he did.  
To these Texts, some have had the confidence to give this Answer, for want of a better, That the Apostle did evil in swearing; but to those that arreign this great Apostle for evil, I do think it no great presumption to arreign them for ignorance, for he that will swear (our Proverb saith) will lie, the meaning is, that he that will swear wickedly and contrary to God's Law, will lie also; Now if this be the case of the Apostle, that he sinned in swearing; What ground have we to believe the truth of what he swore?  
Fifthly, my fifth and last Reason, why these Texts cannot forbid all such Swearing as was used under the Law, is, because there is as much reason for the use of some Oaths now as ever there was; is there not as much need of testifying the truth by Oaths, and confirming our Promises by Oaths, now as ever for the ending of strife among men; I do not mean common profane swearing, but such as is Sacred and Solemn; for proof of this, I shall refer the Reader to Heb. 6.16. For men verily swear by the greater, and an Oath for confirmation, is to them an end of all strife.  
Having proved that all swearing is not forbid under the New Testament; it necessarily followeth, that those General terms [swear not at all] do admit of an exception; And lest this should seem strange, let me produce some Scriptures for example, where universal Prohibitions are taken with Restrictions, Exod. 20.10. The seventh day is the Sabbath of the Lord, in it thou shalt do no manner of work, etc. And yet Christ saith, Mat. 12.5. The Priests Profaned the Sabbath, and were blameless; and Num. 28.9. On the Sabbath Day, they were to offer two Lambs of a year old, without shot, and two tenth deals of fine flower for a meat offering mingled with oil, and the drink offering thereof.  
So that this Prohibition, from all manner of work, respects only all manner of Servile work in their ordinary callings, and not such work as tended to the Worship of God, as the slaying the Sacrifice did; or to the preserving either the life of man or beast, as appears by Christ's own Word, Luke 14.5. Which of you, having an Ox or an Ass fallen into a Pit, will not straightway pull him out on the Sabbath Day? it seems the Jews understood that text, Thou shalt do no manner of work upon the Sabbath, as some men unsterstand the text, that saith, Swear not at all; for the Jews understood that the text forbidden all working, though it tended to save life; So it appears, Luke 13.14. They said to the People, There are six Days, in which men ought to work, in them come and be healed, and not on the Sabbath Day.  
Another example we have of this kind, Mat. 23.9. Call no man your Father upon Earth; doth not this Text as much forbidden calling any one upon Earth Father (though he be never so lawfully so) as the other Text doth forbid all swearing though never so lawful, and Luke 6.30. Give to every man that asketh, and of him that taketh away thy goods ask them not again. And Mat. 5.44. Christ saith, give to EVERY man that asketh of thee, and from HIM (or from any body) that would borrow of thee, TURN THOU NOT AWAY; doth not other Scriptures and common reason inform us, that these general terms must be restrained, or else if we should give to every one that asketh, and turn away from none that would borrow, we should not only maintain men in Idleness, which is a sin, but we should soon turn ourselves out of doors, and be reduced to a morcel of bread; now I would appeal to the consciences of all unprejudiced men, whether Christ in his Sermon, Mat. 5.42. doth not as firmly forbidden our turning away from any one that would borrow of us, as he doth forbid all swearing in the same Sermon, when he saith, Swear not at all; and if so, why should any be offended for putting a restriction upon the one Text, when it is no more than what themselves are willing to put upon the other; since (as I have said) there is as good Scripture and reason for the restraining those general terms, Swear not at all, as there is for the restraining those other words of Christ, give to every one that asketh, and if any body ask of thee, turn thou not away; and if any body take away thy goods ask them not again.  
Having proved that those two Texts, Mat. 5. and James 5. do not forbid all such swearing as was commanded under the Law; my last business is to show what swearing is forbidden in those two Scriptures.  
First, than all swearing in our common Communication is forbidden, and that appears by these words; but let your COMMUNICATION, be yea yea, and nay nay; but to this it is objected, that James forbiddeth all manner of swearing, when he saith neither by Heaven nor Earth, nor any other Oath; I answer, so did God borbid all manner of working on the Sabbath, which was to be understood of ordinary and common work as I have already proved; in like manner doth our Saviour and the Apostle forbidden all common swearing in our ordinary conversations, and not solemn and sacred swearing. But it is further objected, that such swearing was always forbid, even under the Law, and that Christ seems to forbid somewhat that was not forbid before. To this I answer, that those words; but I say unto you, etc. do not imply that there was any thing in his precepts, or say that was not in the Law, but rather somewhat that he would reinforce from the Law, which by reason of their false glosses upon it, had no force upon their lives; as for instance, the Law said they should not kill, but Christ saith, that they should not hate their Brother without a cause, so said the Law also, Levit. 19.17. the Law said, they should love their Neighbour and hate their Enemy, (which was understood of those Nations, that God charged them to have no Friendship with) but Christ bids them love their Enemies; which the Law also, bid them except in the case before excepted, for this see, Exod 23.4. if thou meet thine Enemy's Ox or Ass going astray, thou shalt bring him to him again, and Prov. 24.17. and Prov. 25.21. if thy Enemy hunger, feed him; now this was the false gloss because the Law said, that when God gave them rest from all their Enemies, they should not forget Amaleck, but put out the remembrance of him, Deut. 17.18, 19 and that they should have no Friendship with that People; hereupon they concluded contrary to the words of the Law, that they might hate any Person that was their private Enemy, and avenge themselves upon him; and so because the Law said an eye for an eye, and a tooth for a tooth, therefore they would avenge themselves and be their own Judge and executioner; hereupon Christ bids them not to avenge themselves, this was also forbid under the Law, Levit. 19.18. thou shalt not avenge; so the Law said they should not commit adultery, but Christ said, he that looked upon a Woman to lust after her, had committed adultery with her in his heart; now looking upon a Woman to lust after her, was always a sin, Prov. 6.25. And so because the Law said they should not forswear themselves, they mattered not, though they swore upon every trivial and slight occasion, so as they did not forswear, they thought they were not too blame.  
To this false gloss of their Christ opposeth, when he saith, but I say, swear not at all.  
Secondly, Christ opposeth his speech to another custom of theirs, which was, that because the Scripture said, they should not forswear their selves, but perform to the Lord their Oaths; therefore they did not matter what they swore by, so they perform the things they promised; therefore Christ forbids their swearing any Oath, either by Heaven or Earth, or the Temple, or Jerusalem or by their Head; but would it not be I logical to conclude from hence, that therefore we must not swear by the Lord in things lawful: so that by this Text, and that in James we are forbid to swear by any Oath, that we call any thing below God or Jesus Christ to bear record to.  
Thirdly, this Text doth not only forbid all vain swearing in our Communication, and all solemn swearing one to another by any thing below God, but it also forbids all voluntary Oaths which they swore to perform to the Lord, if they did not swear by the Lord, but by Heaven or Earth, or the like, therefore Christ saith it was said of old time, thou shalt not forswear thyself, but shalt perform TO THE LORD thy Oaths; hereupon they thought if they promised or dedicated any thing to a Religious use, or made any vow to the Lord, if they swore by a Creature, that they would perform what they vowed, they thought they had answered the Law; that this was a custom, see Mat. 23.16, 18. whosoever swore by the Gold of the Temple, was a debtor, that is, he was bound with a bond to perform what he had promised; so if he swore by the offering he was guilty, that is, guilt was upon him if he did not pay; this further appears, Mark 7. if they said to their Father or Mother Corban, that is to say a gift, they were free from relieving their Father or Mother though they were in want; if they could but tell their Parents, they were bound by an Oath to give such a thing to God. By all which we see, that Christ doth not oppose the lawful use of oaths that was commanded by the Law, but their depraved sense which they had put upon the Law, not only in swearing, but in other things also; this Answer will serve to that Text, James 5. for since as I have said, it cannot forbid all such Oaths as were commanded, it must forbid such Oaths as were sinful and unlawful even under the Law; only let me add a word or two touching this Text, and the persons to whom it was writ; if we look in the first Chapter, we shall find the Epistle is writ to the 12 Tribes scattered abroad, now in this 5. Chapter, the Apostle for the better supporting of them in this afflicted and scattered condition, tells them what they should do, and what they should not do; that which they should do in affliction, is to take the Prophets for an example of suffering affliction, and patience, and that they would remember the patience of Job, ver. 10.11.  
Secondly, that they would consider the honour that men have that endure affliction with patience; behold we count them happy that endure, ver. 11.  
Thirdly, that they would consider that the Lord is pitiful, and merciful, and will not (as if he should say) suffer us to be tempted above what we are able to bear; having told them what they should do, he now comes in the next verse to tell them what they should not do; but above all things my Brethren, swear not; for it was very usual for them to make passionate Oaths in afflictions. For this see, Psalm 132.1, 2, 3. Lord (saith the Psalmist) remember David in all his Afflictions, how he swore to the Lord and vowed to the mighty God of Jacob, saying, I will not enter into the Tabernacle of my House, nor climb up to my bed, nor suffer my eyes to sleep, nor my eye lids to slumber, till I have found out a place, for the Lord, an habitation for the mighty God of Jacob: now God had said, that David should never build him an House; all such kind of Oaths made passionately to God in affliction, seems here to be forbid among others, that I have before made mention of, because he hath no sooner said; above all things swear not, but in the next words he immediately subjoins, that if any be afflicted they should pray. Having shown what sacred Oaths are, and to what end they were taken: And that neither Christ nor James can be understood to forbid all swearing; I shall conclude with this exhortation, but let every man take heed how he sweareth, for the Lord will not hold him guiltless that taketh his name in vain, Exod. 20.7. but will be a swift witness against all that swear falsely, Mal. 3.5.  
FINIS.