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duty_n	command_v	law_n	precept_n	1,277	5	9.1164	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A69753	The generall demands, of the reverend doctors of divinitie, and ministers of the Gospell in Aberdene, concerning the late covenant, in Scotland together, with the answeres, replyes, and duplyes that followed thereupon, in the year, 1638 : reprinted in one book, by order of Parliament.	Forbes, John, 1593-1648.; Henderson, Alexander, 1583?-1646.	1663 (1663)	Wing C4226; Wing C4225; ESTC R6298	125,063	170

superioures Parents in the fift Commandement 49. But we with good warrand doe averre that the precept which forbiddeth resisting of the Civil power and in generall the denying of obedience to the lawfull commandements of our Superiours is of greater obligation and moment And first we prove this by an Argument taken from the diverse degrees of that care which we ought to have of the Salvation of others for this care tyeth us to three things to wit first to the doing of that which may be edificative and may give a good example to all Secondly to the eschewing of that which may be scandalous or an evill example to all that is to the eschewing of every thing which is either sin or hath a manifest show of sin Thirdly to abstain even from that which although it be lawfull yet it may be to some particular persons an occasion of sin Of these the first two are most to be regarded in respect they concern the good of all which is to be preferred to the good of particular persons Hence we inferre that the precept of obedience to Superiours which prescriveth an Act edificative to all because it is an exercise of a most eminent and necessary vertue is more obligatory and of greater moment then the precept of eschewing scandall causelesly taken by some particular persons 50. Secondly That the precept of obedience to our superiours is of greater moment consequently more obligatory then the precept of eschewing scandal is evident by these reasons which are brought by our Divines to show wherefore the fifth Commandement hath the first place in the second Table to wit first because it cōmeth nearest to the nature of Religion or Piety commanded in the first Table whence as your own Amesius noteth in his Medulla Lib. 2. Cap. 17. § 13. the honouring and obeying of Parents is called by prophane Authors Religion and Piety Secondly This precept is the ground and sinewe sayeth Pareus in his Catechetick explication of the fift precept of the obedience which is to be givē to al the rest of the precepts of the second Table Two reasons are cōmonly brought of this one is that all Societies oeconomick Civill and Ecclesiasticall doe consist and are conserved by the submission or subjection of Inferiours to Superiours which being removed confusion necessarily followeth The other is that the obedience of this precept maketh way to the obediēce of all the rest For our superiours are set over us to the end that they may make us to doe our duety to all others And consequently our obedience to them is a mean instituted by GOD to procure our obedience to all the rest of the Precepts of the second Table Now would ye know what followeth out of this let your own Amesius whose words are more gracious unto you then ours tell you it Seeing sayeth he Cap. citato § 6. humane societie hath the place of a foundation or ground in respect of other dueties of Iustice and Charitie which are commanded in the second Table of the Law therfore these crimes which directly procure the perturbation confusion and eversion of it are more grievous then the violation of the singular Precepts Now we subsume the denying of obedience to Superiours enjoining such things as in themselves are lawfull and expedient directly procureth the perturbation and confusion of humane society And therefore it is a crime greater then the violation of other particular precepts of the second Table For this cause Dionysius Bishop of Alexandria in his Epistle ad Novatum cited before declaring how much the unity of the Church which is most frequently marred by the disobedience of Inferiours to their Superiours ought to be regarded sayeth that Martyrdom suffered for es●hewing of Schism● is more glorious then Martyrdom suffered for ●sch●wing Idolatrie 51. Thirdly These offices or dueties which we owe to others by way of Justice are more strickly obligatory then these which we owe to them onely by way of charity And consequently these precepts which prescrive dueties of justice are of greater obligation then these which prescrive dueties of charity onely But we owe the duety of obedience to our Superiours by way of Justice and therefore it is more obligatory then the duety of eschewing Scandall causelesly taken which is a duety onely of charity The Major or first proposition of this Argument is clear of it self as being a Maxime not onely received by the Scholasticks and Popish Casuists but also by our Divines See your own Amesius in his Medulla Lib. 2. Cap. 16. § 58. 59. 60. 61. 62. 63. where he not onely proponeth this Maxime but also proveth it by two most evident examples The Minor is likewise clear For first the duety of obedience which we owe to the publick Lawes of the Church and Kingdom belongeth to that Generall Justice which is called Iustitia legalis For the legall Justice as it is in Inferiours or subjects it is a vertue inclining them to the obedience of all Lawes made for the benefite of the Common-wealth as Aristotle declareth in his fift book of the Ethicks Cap. 1. Secondly Debitum obedientiae the debt of obedience which we ow to our superioures is not only debitum morale a debt or duety unto which we are tyed by morall honesty and GODS Commandement but also debitum legale or debitum justitiae quod viz. fundatur in propriojure alterius a debt grounded upon the true and proper right which our superioures have to exact this duety of us so that they may accuse us of injury and censure us if we performe it not There is a great difference betwixt these two sorts of debt and the last is far more obligatory then the first As for example a man oweth moneys to the poor by a morall debt but to his creditor he oweth them by a legall debt or debt of justice and therefore he is more strictly obliedged to pay his creditor then to give almes Such-like by morall honesty and GODS precept also a man oweth to his neighbour a pious carefullnesse to impede sin in him by admonition instruction good example and by ommission even of things lawfull when he foreseeth that his neighbour in respect of his weaknesse will be scandalized by them But his neighbour hath not such a right to exact these things of him neither can he have action against him for not performing of them as our lawfull superioures have for our due obedience In what sense the administration of the Sacraments in private places was thought indifferent in Pearth Assembly 52. In our Reply we professed that we can not abstaine presently from private Baptisme and private communion being required t● administrate these Sacraments to such persons as can not come or be brought to the Church Hence first ye take occasion to object to us that the state of the question concerning Pearth Articles is quite altered in respect we and our associates did ever before alleadge the question to be of things indifferent but

Commandements of our Superiours 45. Again ye say that when scandall of weak brethren may be feared the precept of Obedience is not obligatory in respect the thing commanded by our Superiours although it be in it self lawfull yet it becometh unexpedient in respect of the Scandall which may follow upon it Now say ye the ordinances of our Superiours are not obligatory when the things commanded by them are unexpedient We on the contrary say that when our Superiours require of us obedience to their lawfull commandements the precept of eschewing scandall is not obligatory in respect we ought not for Scandall causelesly taken omit necessary dueties which GOD in His Law requireth of us In which number we most justly doe reckon The duety of Obedience which we owe to the lawfull Commandements of our Superiours 46. As for that which ye say that when Scandall may be taken at the doing of the thing commanded then the thing commanded becommeth inexpedient and so ought not to be obeyed that ye be not more deceived by this errour we pray you marke that a thing comcomanded by our Superiours in Church or Policy may be two wayes inexpedient to wit either in respect of some particular Persons who through weaknesse or malice doe stumble at it or else in respect of the body in generall because it is contrary to Order Decency and Edification If the thing commanded be inexpedient the first way only we may indeed in such a case for eschewing the scandall of the weak forbear the practise of the thing commanded hîc nunc in some particular places and times providing alwise we doe this Without offence of our Superiours and without the scandal of others who by our forbearance may be made to vilipend the Authority of Lawes But we can not in such a case totally and absolutely deny obedience to a Law as we have already proven Neither is your Argument brought to the contrary valide in respect we ought more to look to the utilitie and benefite which the body of the Church may receive by the thing commanded and by our obedience to our Superioures then to the harme which some particular Persons may receive thereby 47. If the thing commanded be in our private judgement inexpedient the second way we ought not for that to deny obedience to the Lawes of the Church for when the inexpediency of a thing is questionable and probable Arguments may be brought pro and contrae concerning the expediencie of it we have sufficient warrand to practise it if the Church by her publick decree hath declared that she thinketh it expedient Your errour who are of the contrary minde is very dangerous and may prove most pernicious to the Church for it maketh the Church obnoxious to perpetuall Schisme and disconformity in matters of externall Policy in respect men ordinarily are divyded in judgement concerning the expediencie of these things Suppon then that in a Synode consisting of an hundreth Pastors threescore of them think this or that particular Ceremony to be expedient for the good of the Church and in respect of the plurality of their voices make an Act to be concluded for the establishing of it shall the remnant four●y who are of the contrary judgement deny obedience to the Act of the Synode because they are perswaded that the thing concluded is inexpedient and shal they by doing so rent the body of the Church Truely if we were all of your minde we should never have Peace nor Unity in this Church Ye will say perhaps that this our Argument is Popish and leadeth men to acquiesce without tryall or examination in the decrees of the Church We answere that in matters of faith the trueth whereof may be in●allibly concluded out of GODS word we ought not without tryall to acquiesce into the decrees of the Church And in this respect we dissent from the Papists who ascrive too much to the Authority of counsells as if their decrees were infallible But in matters of Policy if we be certaine that in their own nature they are indifferent and if the expediencie of them only be called in question seeing no certaine conclusion concerning their expediency can be infallibly drawn out of GODS word which hath not determined whether this or that particular Rite be agreable to order decency and edification we ought to acquiesoe into the decree or constitution of the Church although it be not of infallible Authority and that partly because it is impossible that otherwise we can agree in one conclusion concerning matters of this nature and partly because if we deny obedience to the decrees of the Church in such matters our disobedience shall prove far more unexpedient and hurtfull to the Church then our obedience can be 48. Seeing then whatsoever ye have hitherto said concerning the question proponed by us may be easily answered with a retortion of the Argument upon your selves that we may eschew all such Logomachie we must take some other course and try which of these two precepts is in it self of greater moment and obligation for thence we may collect which of these two precepts doeth obliedge us in the case foresaid the other giving place to it and not obliedging us at all in that case If ye say that the precept which forbiddeth us to doe that whereby our weak Brother may be scandalized is in it selfe more obligatory or doeth more strictly ty us to the obedience of it as being of greater moment ye must bring a solide reason for you which we think ye will hardly find We know ye say that the precept concerning Scandall is more obligatory and of greater moment because it concerneth the losse of the soule of a Brother But this reason is not valide first in respect our Brother if he be scandalized by our obedience to our superioures sinneth not by our default who doe obey for our carriage in giving obedience is such as may rather edifie our Brother Secondly the precept which forbiddeth disobedience concerneth the losse both of our own soules and of the soules of others who may be entysed to that sin by our denying obedience to the lawfull commandements of our superioures Thirdly if that precept of eschewing scandall causelesly taken doe so strictly obliedge us when our superioures require obedience of us it may happen that a man shall be in an inextricable perplexity not knowing whether he shall obey or deny obedience to the cōmandements of his superioures in respect he may fear the scandall of the weak whether he obey or deny obedience For as we said before many are most ready to be scandalized by our denying obedience to our superioures in thinges lawfull and otherwise expedient and that because we by nature are most unwilling to be curbed and to have our liberty restrained by the lawes of our superioures For this cause as Calvin judiciously noteth Instit. Lib. 2. Cap. 8. § 35. GOD to allure us to the duety of obedience to our superioures called all

practise of indifferent things but knowing these things in themselves to be approvable we did swear obedience to the publick Laws requyring our practise in these thinges so long as the Law standeth in vigour and our obedience thereto is required by our lawfull Superioures 4. This course we hold to be more agreable to our duety then upon private conceptions of scandalls unnecessarily taken to break off our due obedience to that Authority which GOD hath set over us 6. Out of our assertion Reply 4. concerning the administration of the Sacraments in private places to sick persons in case of necessity ye doe collect that we cannot forbear the practise of these although our ordinary and other lawfull superiours should will us to doe so And hence ye infer that herein Pearth Assembly for which we stand is wronged by us two wayes 1. That we differ in judgement from them about the indifferency of the five Articles and next that at the will of our ordinary and ye know not what other lawfull superioures we are ready to forbear the practise of these things which the Assembly hath appointed to be observed 7. As for your maine Question Whether a duety necessary by divyne Law may be or may not be omitted in case our ordinary other lawfull superioures should will us to omit it before we answer to it we must expound what we mean by our other lawfull superiours because of your jesting pretence of ignorance hereof We mean hereby the Kings Majesty the Parliament the secret Counsell and other Magistrates and ecclesiasticall Assemblies whereunto we owe obedience in our practise required by them according to publick Lawes 8. The Question it self ye doe express more clearly in your Answer to our 4. Reply wher ye alleadge that we find some of the Pearth Articles so necessary that although the generall Assembly of the Church should discharge them yet we behoved still for conscience of the commandement of GOD to practise them Thus are we brought to this generall Question Whether or no any thing necessary or commanded by divine Law may in any case without sin be omitted when publick humane Authority dischargeth the practise therof For resolving of this question we desire the Reader to take notice of these Theological Maximes received in the schools grounded upon holy Scriptur 9. Affirmative preceptes doe binde at all times but not to all times but only as place and time require that is when opportunity occurreth Praecepta affirmativa obligant semper sed non ad semper nisi pro loco tempore id est quando opportunitas occurrit But negative Precepts doe binde at all times and to all times Praecepta negativa obligant semper ad semper As for example A man is not obliedged to speak the trueth at all times for he may be some time lawfully silent but he may never lawfully lie 10 Of Affirmative necessary dueties some are the weightier matters of the Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Judgement Mercy and Faith Matth. 23. 23. Others lesse weighty such as are those of the Pearth Articles which we call necessary and ye doe reject 11. The exercise of some affirmative necessary dueties may be some times omitted by Authority without sin for the publick peace or some pressing necessity Thus Moses permitted repudiation of a mans married wife not fallen into adultery neither did he urge strictly the affirmative duety of adherence and that for the hardnesse of their heart Wherein Moses had respect to the peace and unity of the Tribs of Israell as Alexander Alensis observeth in his Summe of Theologie Part. 3. Qu. 46. Membro 1. Art 1. Art 2. David did not execute in his own time judgment against Ioab for his murthering of Abner and Amasa because the sonnes of Zeruiah were too hard for him Circumcision was omitted because of the uncertainty of their abode in one place when the people were with Moses in the Wildernesse 12. Exercise of ecclesiasticall Discipline against open obstinate offenders is an affirmative duety incumbent by divyne Law upon the Pastors towards those who are committed to their charge Yet it may and ought to be forborn when it can not be used without an open rupture and unavoidable Schism Because in such a case the publick peace is rather to be looked to lest in our inconsiderate zeal to seperate the Tares we pluck up also the Wheat And what we can not get corrected by censure we can doe no more but mourn for it and patiently wait till GOD amend it as Augustin proveth at length Lib. 3. contra Epistolam Parmeniani Cap. 1. Cap. 2. Lib. de fide operibus Cap. 5. For in this time sayeth Gregory the holy Church doeth correct something by fervour something she tolerateth by mecknes some things by consideration she dissembleth beareth so that often by bearing dissembling she compesceth or putteth away that evill which she hateth And Prosp. saith for this cause therfor they most with gentle piety be borne with who for their infirmity may not be rebuked 13. When a doctrinall error not being fundamentall prevaileth by publick authority in any Church a private Pastor or Doctor espying it may lawfully and laudably sorbear publick striving against it when he evidently perceiveth that unavoydable Schism would follow thereupon In such a case he should content himself to seed his hearers with that wholesome Milk of the Word which they may receive and delay the giving of stronger Food unto them because of their infirmity Considering that more necessary and weightier duetie which he oweth for preservation of order and peace and labouring in a milde and peaceable manner to cure them To this purpose belongeth that saying of Gregorie Nazianzen Let no man therefore be more wise then is convenient neither more legall then the Law neither more bright then the Light neither more straight then the Rule neither higher then the Commandement But how shall this be If we take knowledge of decencie and commende the lawe of nature and follow reason and despise not good order 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And that of the ancient Church of Lions in France near eight hundreth years agoe Who doeth not calmlie and peaceablie moderate that which he thinketh but is readie incontinent to contentions dissentions and scandalls although he have not an hereticall sense most certainlie he hath an hereticall minde 14. Divine Institution by the Ministery of the Apostles craveth Deacons ordained by imposition of hands for all their life time Acts 6. Yet in our reformed Church of Scotland we have no such Deacons Which oecomenicall defect necessitated by detention of Church mantenance necessary for their sustentation we hope shall not be imputed to our Church as sin so long as she despiseth not that Institution and acknowledgeth and lamenteth this deficiencie and endeavoureth by peaceable lawfull means to have it ●emedied 15. Although some affirmative Dueties necessary by divine precept doe