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 wonder'd, that the Quakers differ from many others, (tho' not from all) in this Case of Oaths; they believing they are absolutely forbid 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 Perswasion, 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 Perswasion, to continue them and their Fa­milies, exposed to Ruin; who [Page 2] 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 offer'd, '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 ad­vantagious 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 Reliev'd, viz. The Judges.

For the frequent Suites that are brought against Quakers, before the Chancery and Ex­chequer Judges, are no doubt very troublesome and burthen­some, 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 wrong'd, and a­bused, and can't Relieve them, 'tis irksome to them: So that 'tis humbly conceiv'd, 'twould be a great ease to those Courts, to have the Quakers Reliev'd 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, &c.

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; [Page 3] 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 concern'd with, in any doubtful Case, because of the Difficulty to come to Tryal.

And for those that owe 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 Gown-men of VVestminster-Hall, whose few Fees from the Quakers as Plain­tiffs, might suggest (tho' un­duly) that they have no long-tail'd 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 Suites, and so much barr'd 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 sum'd up in short thus;

First Objection, How shall we then be at a Certainty?

Secondly, Why should the Laws be alter'd for them? For,

Thirdly, 'Twould be to rase old Foundations;

Fourthly, And let them into the Government.

Which it's 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 [Page 4] Truth, (especially against Mens own Interest, where the Temp­tation, if any, mainly lyes) 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 Sea-faring 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 it's 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 rase 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 Tryal, than it is to secure one Subject from Imprisoning another till Death, for not giving an Answer in [Page 5] 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 Suites, 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, Barr that as hard as you please; only don'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 [...] &c. 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 [Page 6] 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 Au­thorize Prophane Swearing, much less compel to it.

Since therefore not only Pro­phane 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 Martyrs Do­ctrine on their side; tho' divers of you are not so perswaded.

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 falsifie 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, [then 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.

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