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A62878 Væ scandalizantium, or, A treatise of scandalizing wherein the necessity, nature, sorts, and evills of scandalizing, are handled, with resolution of many questions thereto pertaining / preached at Lemster, in Herefordshire by Iohn Tombes ... Tombes, John, 1603?-1676. 1641 (1641) Wing T1827; ESTC R21407 96,654 466

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the use of our liberty Now that a man may be guilty of sinfull scandall by the omission of a duty I determined before c. 3. § 3. To which I adde that sith the lawfull Magistrate hath power about indifferent things to restraine or require our use of our liberty for the publique good and we are bound to make conscience of obeying such cōmands not for the things sake so commanded for that is in it selfe indifferent but by reason of the authority to which God hath made us subject and the end for which such orders are established which all members of a common-wealth ought to seeke therefore the omission of doing such things commanded is an omission of a duty rebus sic positis and the scandall consequent upon it a scandall of the first sort to wit of sinfull example Moreover for a punctuall answer to the present question I conceive that there may be scandall by the forbearing the use of our liberty when that forbearing though otherwise lawfull occasions men to conceive some alienation of affection some evill intentions some superstition or the like evill in them who doe forbeare it our Saviour Math. 17. 27. would have tribute mony paid for himselfe Peter though he were free and that because the not-paying would offend them S. Peters not-eating with the Gentiles was a scandall to Barnabas Gal. 2. 13. Frequent experience confirmes it that the forbearing of some actions which are in their kind indifferent at some times doth grieve weak brethren and offend others when they are apt to conceive such forbearance to arise out of a malevolent minde superstitious opinion humour of singularity contempt of others or the like cause A tenth question may be whether a community a nation the publique Magistrate may be scandalized Ans. The use of excommunicatiō presupposeth that scandall may be of the whole Church by sinfull actions of one member Yea further it is determined art 34. of the Church of England Whosoever through his private judgement willingly and purposely doth openly breake the traditions and ceremonies of the Church which bee not repugnant to the word of God and be approved and ordained by common authority ought to be rebuked openly that other may feare to doe the like as he that offendeth against the common order of the Church and woundeth the consciences of the weak brethren Moreover experience shewes that whole nations or societies are sometimes offended with those who observe not their customes or orders which are in their use indifferent and not confirmed by any publique ordinance but by use only received and that such varying from them occasions anger enmity and such like evills An eleventh question may be Whether sith the Magistrates authority is one way of restraining or requiring the use of our liberty and the danger of scandall another upon supposition that the lawfull Magistrate cōmands the doing or omitting of that which is indifferent on the other side there is danger of scandalizing the question is which of these respects I am to be ruled by Ans. There is no doubt but that a good and wise Magistrate will remit in many cases the rigour of discipline to avoide scandall as I said before § 4. As the love-feasts kisse of peace vigils at the tombes of Martyrs and other orders of the Church were in processe of time evacuated when they occasioned scandall But if the Magistrate doe not suspend his cōmands then it is a hard case For either on the one side there is danger of nullifying the power of the Magistrate or on the other side of wounding or destroying our brother Possibly it may so fall out that a mans cōscience may without much difficulty winde it selfe out of this streight by finding some circumstances prepōderating either one way or other As for ininstance if the Magistrats command bee about a matter of great consequence for the safety of the Common-wealth to avoid a present evill or if it be in a smaller matter if urged peremptorily vehemently on the other side the effect of the scandall be not likely to bee plain Apostacy or the like great sinne but some grievance of mind or discontent of the party scandalized it is without doubt that then the Magistrates command is to be performed On the contrary if the Magistrates command be in a smaller matter not bringing any great evil nor likely to infringe the power of authority though the command be not followed if it be not peremptorily and strictly but remissely urged on the other side the effect of scandall of the greatest sort of evills very probable and in a manner present giving no time to finde a way to redresse it then in this case the danger of scandall may prevaile for that time But if we make the scales even and propound the case thus what if the danger of scandall be great and manifest on the one side and the Magistrate peremptory in his command and the thing commanded of great moment on the other side the doubt is whether of these two is to bee regarded I determine that the Magistrates command should in this case sway our consciences and that for these reasons following 1. Because by the Magistrates command the thing required is made a necessary duty though in it selfe indifferent For the command that ties every soule to bee subject to the higher powers Rom. 13. 1. requires obedience to them which is the chiefest part of subjection And this obligation of obedience is antecedent to the consideration of the scandall For the sanction of the law precedes the accident of scandall Now in things that are our duties wee must not omit them or neglect them for feare of scandals Therefore the Magistrates command in the case propounded is not to be neglected for feare of scandall Against this argument Dr Ames lib. 5. de consci c. 11. § 16. seems to except in these words Nulla authorit as humana c. No authority of man can either take away the nature of scandall from that which otherwise should bee scandall or the nature of sinne from scandall given For no man can command our charity and consciences Vel periculum scandali dati praestare which I render thus or countervaile or be preferred before the danger of scandall given Whereto I reply that it is not true that the lawfull authority of the Magistrate may not in things indifferēt make the doing of that action not to bee a scandall given which otherwise might bee For if it may make the thing commanded a duty by vertue of the command the scandall consequent will bee passive or taken not active or given As we determine of preaching and many other duties that they are to bee done though scandall follow so we are to say of obedience to the Magistrate in that wherein God hath made us subject to him wee are to obey him though scandall follow If it bee said that preaching is a duty immediately enjoyned by God the doing of
so absurd that it hath had either none or very few followers In the manner that I have declared I take it as certain That there are indifferent things It is granted that all humane actions in individuo in the particular or singular that flowe from deliberate reason are either morally good or evill as agreeing to or disgreeing from Gods law I said signantèr to bee marked that flow from deliberate reason to exclude such particular actions of men as being naturall actions from naturall instinct or force of imagination are not of morall consideration such as are the handling of the beard rubbing the nose shaking the legge when a man thinks not of them talking or walking in sleepe These as not comming from reason nor having any end are accounted not as rationall actions but as animal only though they be done by men and therfore neither good nor bad But for all singular actions which are not of morall consideration that come under a law being clothed with circumstances specificating and singularizing them as they come from reason as Aquin. 2a. 2ae q. 18. art 9. or as Paraeus in Rom. 14. dub 10. ratione principij hoc est ratione electionis intentionis quâ fiunt in regard of their principle that is the election and intention by which they are done are either good or bad agreeing or disagreeing from Gods law Thus every act of eating or wearing apparrell or going a journey with this or that intent in this or that manner is either good or bad right or sinfull But then it is as certaine that many actions of men in the generall or in specie in the kind of them considered without restraint of particularizing circumstances afore they are in actu exercito that is actually done are indifferent as I have declared And it is further to bee observed that in these indifferent or middle things as they are called the christian Church hath greater liberty then the Iewish Synagogue For many things were not indifferent to them which are indifferent to us It was not indifferent to them to eat swines flesh or not to weare a garment of linsey-woolsey or not with many more But it is to us indifferent to eate swines flesh or not to wear a garment of linsey-woolsey or not The ordinances whereby the Iews were restrained in their liberty were a yoake which they were not able to beare Acts. 15. 10. But it is removed from our necks by Christs death who hath abolished the law of Commandements contained in ordinances Ephes. 2. 15. And in this liberty wee are commanded to stand fast that wee bee not intangled again with the yoak of bondage Gal. 5. 1. A liberty then we have in things indifferent to renege and deny it is to put on our neckes that yoake that Christ hath freed us from Neverthelesse though God hath not made these indifferent things intrinsecally or in their own nature good or evill yet extrinsecally they may be made good or evill and that sundry wayes 1. By the command or prohibiting of the Magistrate For though the Magistrates authority cannot make for examples sake the eating of flesh or the wearing of a weapon unlawfull to me as a thing prohibited by God and thereby intrinsecally evill yet if hee forbid them who is the lawfull governour and hath power to make lawes or ordinances it is sin against God to doe these things because he contemnes the law of the Magistrate against the common good which is the ground of it and the authority concerning which God hath commanded Rom. 13. 1. Let every soule be subject to the higher powers For there is no power but of God the powers that be are ordained of God Whosoever therfore resisteth the power resisteth the ordināce of God they that resist shall receive to themselves damnatiō The same is to be conceived of the commands of Ecclesiasticall governors according to their authority of naturall parents of tutors teachers Masters according to the flesh to the which God hath commanded us to be subject Ephes. 6. And elsewhere Whence it was that the Rechabites would drinke no wine because of Ionadab the sonne of Rechab his command not to drinke wine Ierem. 35. 6. For though by such mandates they cannot take away our originall liberty yet they can restraine the use the liberty we have in things indifferent being the proper matter for the Magistrate or Governour to shew his authority of making lawes in 2. By a vow whereby a man bindes himselfe to doe or not to doe to use or not to use his liberty in such or such an indifferent thing For by vowes and promissory oathes a man may make that necessary or sinfull to himselfe which neither is intrinsecally good nor evil necessary nor sinful nor would be to him such but for the vow he made because God hath enjoyned Deuter. 23. 21. When thou shalt vow a vow unto the Lord thy God thou shalt not slack to pay it for the Lord thy God wil surely require it of thee it would be sinne in thee But if thou shalt forbeare to vow it shall be no sinne in thee And Psal. 15. 4. it is made a requisite condition of him that shall dwell in Gods Tabernacle that though hee sweare to his owne hurt he change not 3. Likewise a man may by his owne opiniō make that extrinsecally evill which is not so intrinsecally For though a mans opinion cannot make that to bee duty which is not so yet it may make that to be sin which otherwise would not bee so according to the Apostles resolution Rom. 14. 14. To him that esteemeth any thing to be uncleane to him it is uncleane ver 23. And hee that doubteth is damned if he eat because he eateth not of faith For whatsoever is not of faith is sinne 4. The good or evill of our neighbour binds us to use or not to use our liberty as it may further their good or be a scandall to them For though wee are called to liberty yet wee may not use our liberty as an occasion to the flesh but by love serve one another Gal. 5. 13. Now it is to be observed that which is intrinsecally good by vertue of Gods command is intrinsecally good to all to whom that command is given who are the whole world and that which is intrinsecally evil is evil to all to whom Gods Commandement forbids it who are the whole world and therefore it is sin to any to doe that which hee forbids as to lye blaspheam c. But that which is extrinsecally good is not good to all but only to those to whom the obligation reacheth and for the time it lasteth nor that which is extrinsecally evill as being contrary to the governours commandement or to the restrained parties vow or the verdict of his owne conscience or being scandalous and hurtfull to his neighbour is extrinsecally evill to all but only those who are under that government that vow that