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A61867 Five cases of conscience occasionally determined by a late learned hand. Sanderson, Robert, 1587-1663. 1666 (1666) Wing S603; ESTC R15053 36,781 135

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shall but rightly understand What it is to give Scandal or how many wayes a Man may become guilty of Scandalizing another by his example The wayes as I conceive are but these four 2. The first is when a Man doth something before another Man which is in it self evill unlawfull and sinfull in which Case neither the intention of him that doth it nor the event as to him that seeth it done is of any consideration for it mattereth not whether the doer had an intention to draw the other into sin thereby or not neither doth it matter whether the other were thereby induced to commit sin or not the matter or substance of the action being evill and done before others is sufficient to render the doer guilty of having given Scandal though he had neither any intention himself so to do nor were any other person actually Scandalized thereby because whatsoever is in it self and in its own nature evill is also of it self and in its own nature Scandalous and of evill example Thus did Hophni and Phineas the Sons of Eli give Scandal by their wretched prophaness and greediness about the Sacrifices of the Lord and their vile and shameless abusing the Women 1 Sam. II. 17 22. And so did David also give great Scandal in the matter of Uriah 2 Sam. xii 14. Here the Rule is Do nothing that is evill for fear of giving Scandal 3. The second way is when a Man doth something before another with a direct intention and formal purpose of drawing him thereby to commit sin in which Case neither the matter of the action nor the event is of any consideration for it maketh no difference as to the sin of giving Scandal whether any Man be effectually enticed thereby to commit sin or not neither doth it make any difference whether the thing done were in it self unlawful or not so as it had but an appearance of evill and from thence an aptitude to draw another to do that by imitation which should be really and intrinsecally evill the wicked intention alone whatsoever the effect should be or means soever should be used to promote it sufficeth to induce the guilt of giving Scandal upon the doer This was Ieroboam's sin in setting up the Calves with a formal purpose and intention thereby for his own secular and ambitious ends to corrupt the purity of Religion and to draw the people to an Idolatrous worship for which cause he is so often stigmatized with it as with a note of Infamy to stick by him whilest the world lasteth being scarce ever mentioned but with this addition Ierohoam the son of Nebat that made Israel to sin Here the Rule is Do nothing good or evil with an intention to give Scandal 4. The third way is when a Man doth something before another which in it self is not evil but indifferent and so according to the Rule of Christian Liberty lawful for him to do or not to do as he shall see cause yea and perhaps otherwise commodious and convenient for him to do yet whereat he probably foreseeth the other will take Scandal and be occasioned thereby to do evil In such Case if the thing to be done be not in some degree at least prudentially necessary for him to do but that he might without great inconvenience and prejudice to himself and any third person leave it undone he is bound in Charity and Compassion to his Brothers Soul for whom Christ dyed and for the avoiding of Scandal to abridge himself in the exercise of his Christian Liberty for that time so farr as either to suffer some inconvenience himself by the not doing of it then by doing of it to cause his Brother to offend the very Case which is so often and so largely and so earnestly insisted upon by St. Paul Romans xiv 13 21. xv 1 3. 1 Cor. viii 7 13. ix 12 22. x. 23 33. Here the Rule is Do nothing that may be reasonably forborn whereat it is like Scandal will be taken 5. The Last way is when a Man doth something before another which is not only lawful but according to the exegencies of present circumstances pro hic nunc very behoofeful and in some sort prudentially necessary for him to do but foreseeth in the beholder a propension to make an ill use of it and to take encouragement thereby to commit sin if there be not withall a great care had to prevent as much as is possible the Scandal that might be taken thereat for Qui non prohibet peccare cum potest jubet In such case the bare neglect of his Brother and not using his utmost endeavour to prevent the evil that might ensue maketh him guilty upon which Consideration standeth the equity of the Iudicial Law given to the Iews Exod xxi 33 34. which ordereth that in case a Man dig a Pit or Well for the use of his Family and looking no farther then his own Conveniency put no cover on it but leave it open whereby it happeneth his Neighbours Beast to fall therein and perish the owner of the Pit is to make it good in as much as he was the occasioner of that loss unto his Neighbour which he might and ought to have prevented In this last Case the thing is not for the danger of the Scandal to be left undone supposing it as we now do otherwise behoofeful to be done but the action is to be ordered and carried on by us for the manner of doing and in all Respects and Circumstances thereunto belonging with so much clearness tenderness and moderation and wisdome that so many as are willing to take notice of it may be satisfied that there was on our part a reason of just necessity that the thing should be done and that such persons as would be willing to make use of our example without the like necessity may do it upon their own score and not be able to vouch our practice for their excuse even as the Iew that stood in need to sink a pit for the service of his House and Grounds was-not for fear his Neighbours Beasts should fall into it and be Drowned bound by the Law to forbear the making of it but only to provide a sufficient Cover for it when he had made it Here the Rule is Order the doing of that which may not well be left undone in such sort that no Scandal may through your default be taken thereat 6. I do not readily remember any doubt that can occurr about the reason of Scandal which may not be brought within the compass of these four Rules and then the right applying some or other of these Rules will give some furtherance towards the resolution of these doubts The CASE of A BOND taken in the KINGS Name Proposed Iuly 1658. R. C. Was seized in fee of certain Houses of small value with the Appurtenances and in the year 1635 whiles Owner of the said Houses he entreated A. B. to be his Surety for
Five Cases of Conscience by A Learned Hand London Printed for Henry Brome 1666. FIVE CASES OF Conscience Occasionally Determined BY A late Learned Hand HEB. xi 4. He being Dead yet speaketh LONDON Printed by E. C. for Henry Brome at the Gun in Ivy-lane 1666. A LETTER from a Friend concerning the ensuing Cases SIR HAving perused the Papers you sent me I can safely vouch them for genuine and not in the least Spurious by that resemblance they wear of their Reverend Author and therefore you need not fear to bring them to the Publique test and let them look the Sun in the face 'T is true their first Commission was but short and long since expired they being designed only to visit and respectively satisfie some private Friends yet I cannot see what injury you will offer to his sacred ashes if by renewing that you send them on a little farther Embassie for the common good Indeed the least remains of so matchless a Champion so invincible an Advocate in Foro Theologico like the filings and fragments of Gold ought not to be lost and pity the world was not worthy many more of his learned Labours But Praestat de Carthagine racere quam pauca dicere far be it from me to pinion the wings of his fame with any rude Letters of Commendation or by way of precarious Pedantry to court any man into a belief of his worth since that were to attempt Iliads after Homer and spoil a piece done already to the life by his own Pencil the works whereof do sufficiently praise him in the gates All I aim at is to commend and promote your pious intention to give the World security by making these Papers publique that they shall never hereafter stand in need of any other hand to snatch them out of the fire a doom you say once written upon them Nor do I less approve your ingenuous prudence in determining to prefix no Name it being as laudable not to speak all the Truth sometimes as to forbear telling a Lie for advantage 'T is I confess the mode of late to hang Jewels of Gold in a Swines snout I mean to stamp every impertinent Pamphlet with some great Name or voluminous Title to make it vend the better Laudat venales qui vult extrudere merces at which the gul'd Reader repenting his prodigality of time and patience is forced to cry out all along Beaucoup de bruit peu de fruit and in the end sums up its just character in a few words Nil nisi magni nominis umbra But yours is the only method to deal with wise and rational men who are not so easily taken with Chaff the multitude or greatness of words and names as with the true weight and worth of things Yet let me tell you that whoever is not a meer stranger to your learned Authors former Tractates must needs spell his name in every page of this without any other Monitor I have no farther trouble to give you unless I should bespeak your vigilance over the Press which by her dayly teeming and inexpertness or at least negligence of the Midwife is went of late to spoil good births with monstrous deformities and unpardonable Errata so you will avoid a double guilt contracted by some without fear or wit of abusing your critical Reader on the one hand and your most judiciously exact Writer on the other and if that may contribute any thing more very much gratifie the most unworthy of his Admirers and Your Friends c. The Five Cases Determined 1. Of Marrying with a Recusant pag. 1 2. Of Unlawful Love 15 3. Of a Military Life 57 4. Of Scandal 109 5. Of a Bond taken in the Kings Name 120 The CASE of Marrying with a Recusant SIR YOurs of Iuly the 2 d. I yesterday Iuly the 6 th received In Answer to the Contents whereof desiring that my Services may withall be most humbly presented to my very much Honoured Lord I return you what my present thoughts are concerning the particulars therein proposed First For Marrying a Daughter to a Professed Papist considered in Thesi and as to the point of Lawfulness only I am so far from thinking the thing in it self to be simply and toto genere unlawful that I dare not condemn the Marriage of a Christian with a Pagan much less with any other Christian of how different Perswasion soever as simply evil and unlawful inasmuch as there be Causes imaginable wherein it may seem not only Lawful but Expedient also and as the exigence of Circumstances may be supposed little less then necessary so to Intermarry But since things lawful in the General and in Thesi may become by reason of their inexpediency unlawful pro hic nunc and in Hypothesi to particular persons and that the expediency or inexpediency of any action to be done is to be measured by the Worthiness of the end the conjuncture of present Circumstances and the probability of good or evill consequents and effects prudentially laid together and weighed one against another I conceive it altogether unsafe for a Conscientious Person especially in a business of so great concernment as the Marrying of a Child to proceed upon the General lawfulness of the thing without due consideration of Circumstances and other requisits for the warranting of particular Actions Now as for the Marriage of a Daughter with one of so different Perswasion in point of Religion as that they cannot joyn together in the same way of Gods worship which is the case of a Protestant and a Papist it is very rare to find such a concurrence of Circumstances as that a Man can thence be clearly satisfied in his Judgment without just cause of doubting the contrary that it can be expedient to conclude upon such a Marriage and how dangerous a thing it is to do any thing with a doubting conscience we may learn from Rom. 14. 13. For the evil consequents probably to ensue upon such Marriages are so many and great that the conveniences which men may promise to themselves from the same if they should answer expectation as seldom they do to the full laid in an equal ballance thereagainst would not turn the scale and in one respect the danger is greater to marry with a Papist then with one of a worse Religion for that the main principle of his Religion as a Papist is more destructive of the comfort of a Conjugal Society then are the Principles of most Heretiques yea then those of Pagans or Atheists for holding that there is no Salvability but in the Church and that none is in the Church but such as acknowledge Subjection to the Sea of Rome it is not possible but that the Husband must needs conclude his Wife to be in the state of Damnation so long as she continueth Protestant whence one of these two great inconveniences will unavoidably follow that either he will use all endeavours engins and artifices to draw her to the Church