Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	apostle_n	sin_n	transgression_n	5,988	5	10.4357	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A79884	Of scandal together with a consideration of the nature of Christian liberty and things indifferent. Wherein these weighty questions are fully discussed: Whether things indifferent become necessary, when commanded by authority? Neg. Whether scandalous things, being enjoyned, may lawfully be done? Neg. Whether a restraint laid upon things indifferent, without a reasonable ground, be not an infringement of Christian liberty? Aff. Who is to be judge, whether there be a reasonable ground or no, in such cases? How far forth we are bound in conscience to obey humane laws.	Clark, Samuel, 1626-1701.; Alsop, Vincent, 1629 or 30-1703, attributed name.	1680 (1680)	Wing C4495; ESTC R231493	83,945	180

the Matter and Form if the Form alone cannot do it then the Matter must do something towards it Yet 3. Not every Command neither de materiâ licitâ does oblige because due circumstances also must be observed as was shewed before whereby it may be prepared and made habitable for the form to dwell in But 4. The matter must be lawful i. e. either necessary or indifferent at least and also duly circumstantiated He is the Minister of God to thee for good saith the Apostle Rom. 13.4 Therefore if it be not good at least extrinsecally and in respect of circumstances which an inconveniency or inexpediency is not he is not the Minister of God therein Then 5. That which is both lawful in its own nature and moreover cloathed with a handsome dress of circumstances when commanded becomes necessary and submission thereto a duty and must be done for conscience-sake and the neglect thereof is a sin I lay the formality of the obligation neither upon the matter nor form singly considered but upon the union or concurrence of both so as that the matter must have some kind of goodness either intrinsecal or circumstantial as the foundation whence there arises obligatio fundamentalis and then the command supervening upon that matter produces obligationem formalem both together make the obligation perfect and compleat Either alone is but like a single knot which does not tye hard but both together make a double knot which holds fast 6. That which is lawful in its own nature and generally convenient and has only some particular inconvenience attending it does also become necessary when commanded because the general respect outweighs the particular and therefore in general all are bound to obey for conscience-sake and those particular persons to whom it is inconvenient must either get a dispensation or undergo the inconvenience for the general good E. g. If the use of Fish be convenient for a Nation and thereupon a Law be made to enjoyn the eating thereof at such a time of the year then obedience is necessary and though this be inconvenient for some persons whose constitutions agree not with it yet they must either obey and so indure the inconvenience or procure a dispensation But 7. That which is lawful in its own nature if attended with some irregular circumstances which render it generally inconvenient and inexpedient though commanded does not become necessary nor submission thereto a duty nor neglect thereof a sin The reason is because bare authority without reason lays no obligation upon the conscience as was proved before but here is only bare authority without reason for the reason of the command where the matter of it is indifferent must be fetch 't from the expediency and conveniency of its circumstances which not being to be found here in the case supposed there is no reason neither and so obliges not the conscience Submission is not a duty we are not bound to obey for conscience-sake I know some are of opinion that it may be a duty to obey where it is a sin to command But against that Position I have this argument Obligation to obedience and authority to command are Correlates so that where there is no authority to command there can be no obligation to obey viz. by vertue of that Command for possibly an obligation may arise upon some other account as we shall see presently in Propos 9. But here is no authority to command for we suppose the Magistrate sins in commanding Now sure no man has authority to sin Besides the Magistrates authority reaches only to that which is good as was before shewed out of the Apostles words Rom. 13.4 and elsewhere he tells us all Ecclesiastical authority is for Edification only Eph. 4.12 Yet 8. Where the inconvenience attending the command is only such as keeps within the compass of some natural or civil evil and sinks not down into a sin or transgression of some Law of God there though obedience does not become necessary and a duty and I am not bound to obey for conscience-sake yet I may submit for wrath and for fear of such a penalty as will outweigh the advantage I shall have by non-submission And this by vertue of that Rule Ex duobus malis minimum it 's better to undergo an inconvenience than a mischief E.g. If I may not hear a Sermon with my hat on under penalty of 5 l. though it be something prejudicial to my health to sit uncover'd and so a natural inconvenience yet if the advantage I shall get by non-submission be not so great as the penalty I shall incur I may submit So if a Thief will either make me swear to conceal him or take away my life though it be a Political inconvenience yet rather than lose my life I may submit to it Nay 9. If the penalty be such as would hinder me from the performance of a necessary duty then obedience may accidentally and in that respect become (a) An inconvenient mode of worship is a sin in the imposer and in the chuser and voluntary user that might offer God better and will not Mal. 1.13 14. and yet it may be not only lawful but a duty to him that by violence is necessitated to offer up that or none Grand Debate Reply to Answ sect 5. necessary notwithstanding such a circumstantial inconvenience E. g. If that either I must kneel at receiving the Sacrament or cannot be admitted to partake thereof if I judge kneeling not unlawful in it self but only inconvenient in respect of its unsuitableness to the nature of the Ordinance then I am accidentally bound to kneel rather than to omit receiving a necessary duty for that inconvenience Again If I must either baptize a child at the Font or be deprived of the exercise of my Ministry though I judge Administration of the Sacrament of Baptism at the Font which always stands at the lower end of the Church where the Congregation cannot so well hear not so convenient as at the reading-Pew yet rather than be deprived of the exercise of my Ministry for such a circumstance I ought to submit to such an inconvenience So though I judge such a form inconvenient yet if I must use that or not exercise my Ministry the latter being a duty I ought to submit to the former On this ground I suppose Calvin went in using wafer-cakes in the Administration of the Lords Supper For at first he refused to administer the Communion with unleavened bread and wafer-cakes and was thereupon compelled to depart out of the City but afterwards he was received again upon his allowance of that same kind of bread De quo posteà restitutus nunquam contendendum putavit minimè tamen dissimulans quod alioqui magis esset probaturus saith Beza In all these cases Edification is the end Decency and Order the means now the end is that which principally we must be ruled by in these things and therefore where a more convenient

between a bruitish head and a wicked heart you render Christian Liberty a meer cifer and insignificant thing and make Christians perfect slaves For what is slavery but to be subject to the will of another without reason Whereas though we must submit yet still as free as was showed before And hence I infer 1. Infer 1 That though there be a ground and reason pretended for such a restraint whereby the Imposers would warrant its needfulness and necessity yet if it be but a pretence and such a reason as will not hold water nor indure the light and weight of an impartial examination 't is equally offensive to Christian Liberty as if there were no reason at all because 't is really unjust and so really a breach of Liberty If it be here demanded Quest Who shall be judge of this whether the reason of the Determination of such Indifferencies be substantial and firm or no I answer briefly and clearly Answ Every one must judge for his own share and his own work for so much as concerns himself and which he must be responsible and accountable for to God Every one must give an account of himself to God Rom. 14.12 and of his actions and therefore must first take account of himself and his actions whether he act according to Rule 1 The Magistrate not the Subject must judge for what concerns the making of the Law and for what belongs to him in his capacity as That the Law for the Matter of it be not only lawful but expedient that the Ends he propounds to himself be not sinister and crooked as to tyrannize over his Subjects to maintain factions and divisions among them to get money for Dispensations c. but upright and just viz. to (a) Aquinas out of Isidore makes three Conditions of a good Law 1 Quod religioni congruat in quantum scilicet est proportionatum legi divinae 2 Quod disciplinae conveniat● in quantum scilicet est proportionatum legi naturae 3 Quod saluti proficiat in quantum scilicet est proportionatum utilitati humanae 12 ae q. 95. a. 3. promote the weal-publick that his Subjects may lead peaceable and quiet lives under him in all godliness and honesty as the Apostle expresses it 1 Tim. 2.2 2 Every Subject in particular must judge for what concerns himself in his place to do in obeying the Law He must look before he leap and (b) Camero allows us not only to seek a reason of the Churches Laws Non enim saith he verae Ecclesiae libet leges serre quarum non reddat rationem Praelect Tom. 1. p. 367. but he will likewise have us in such things as concern the glory of God not to obey the Laws of any Magistrates blindly and without reason Ibid. Engl. Pop. Cerem p. 372. consider whether the acts of obedience required be agreeable to the Rule of all our actions viz. the revealed will of God and such as he may safely answer for both to God and his own conscience This I take to be the reason why generally in the Proëm of Laws the grounds and occasions of them are laid down that so the judgements of the Subjects may be satisfied about them and consequently that they may judge of those reasons and of the Laws by those reasons Especially in religious affairs every one must see that he do not offer the sacrifice of fools Eccl. 5.1 who know not or consider not what they do but must be careful to render to God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a reasonable service Rom. 12.1 Such an examination or judgement of discretion or discerning was allowed and commended in reference to those Directions which were held forth even by persons infallibly inspired Act. 17.11 They received the word with all readiness of mind and searched the Scriptures daily whether those things were so Mark they received readily and yet searched They made no more haste than good speed But when by tryal they had found the Doctrine delivered to be of the right stamp they presently received it for currant coin Now if this were commendable towards the Dictates of persons immediately inspired much more in case of meerly humane constitutions and injunctions Laws or Canons And as in the foregoing instance they made use of their Judgement of discretion in reference to matters of Doctrine so we have also an example of it in point of Practice 1. Cor. 10.15 I speak as to wise men judge ye what I say And this is that Judicium privatae discretionis Judgement of discretion or discerning which all Protestants generally maintain and plead for against Papists as belonging to private persons who have eyes in their heads as well as the Pope or any other Governours whatever and without which you transform men into (a) Qui hoc judicium privatis eripiunt homines in belluas planè transformant Cum igitur dogma proponitur credendum aut praeceptum aliquid faciendum quia credere facere sunt actus mei si me hominem rationis participem praestarevelim examinare oportet quicquid proponitur ad scientiam meam Daven de Judice cap. 3. brutes and irrational tools For a blind obedience is a bruitish obedience yea even Papists themselves viz. the State of Venice in case of the Interdict by Paul the 5th maintain'd Hist of Quarrels of Paul 5. with State of Venice p. 205. That when the Pope thunders out his censures it 's permitted to the Doctors who in that case are but private persons only better able to judge to consider whether he has proceeded clave errante aut non errante If it be objected as usually it is that this will destroy all order Object and then every man must be a statesman i answer 1. Solut. Every man is bound under the danger of sin or as he lies under the obligation of avoiding sin to be exceeding careful that he judge righteous judgement and to judge of things as they truly and really are for in case of mistake he is guilty of sin against God both immediately because he has commanded obedience and mediately in his Deputy who has made such a Law and enjoyns such a Practice 2. As to standing Laws concerning Civil affairs this is a meer cavil without any ground in experience For where the people have an interest in the Legislative power they do so well and fully understand their own concernments that it 's rare to find such Laws as are liable to just exceptions and do not tend to the publick good either for the maintaining propriety encouraging trade restraining abuses or the like except where some intestine difference has raised mens spirits and begotten such animosities as set one party on work to crush the other and to make Laws for the very nonce But otherwise ordinarily they are such as no person of any thing like sober principles can scruple them because they restrain Liberty upon good and just grounds And if there are any other which

such circumstantials with a bare word of his mouth and a peremptory sic volo sic jubeo if the meer injunction of a superior had made indifferent things to become necessary and so had been the way to have ended such controversies Where have any Governours now-a-days more power granted them in these spiritual affairs than he had Or why should they not enjoyn all persons to go after the same mode or wear the same apparel Nay they might with as much reason punish all that are not of the same stature or complexion or disposition with themselves since the forming of the judgement is no more in our own power than these things except there be reasons to sway it one way or other But suppose their commands should excuse some which I cannot grant in the least in the use of those Indifferencies whereat others are offended yet what plea can they have for themselves before God for the commanding such things What buckler will they find broad and strong enough to secure them from that Woe that Christ denounces against all those by whom offences come Luke 17.1 Be wise therefore O ye Kings and be instructed ye Rulers and Governours of the Earth and be tender of poor souls which are under your care and government 2 Let them Remove and Repeal such Laws as are already made the matter whereof is any scandalous Indifferency Let them not only not dig pits but cover such as are already digged Possibly such an inconvenient consequence might not be foreseen at the first enacting of the Law and so it might be made inoffensively then but when the mischief thereof appears it cannot lawfully be continued but must have a due and sufficient remedy immediately applied to it When Hezekiah found that the children of Israel burnt incense to the Brazen Serpent that Moses had made though made at first by God's own direction He brake it in pieces and called it Nehushtan 2 King 18.4 so should they as much as in them lies remove out of their Kingdom all things that offend to allude to those words of Christ Mat. 13.41 2 To Subjects not to suffer themselves to be over-ruled by the commands or threats of superiors to the practice of things scandalous and offensive Will the Law of man bear you out in a transgression of the Law of God Do you ever find that the Command of Authority did excuse any for doing that which otherwise ought not to have been done Think not therefore to say within your selves We have the Precepts of our Governours to shew for our warrant for this will not render thee inexcusable O man whosoever thou art that dost such things since the Law of God here in the Text is express and peremptory and universal to the contrary Especially Ministers whose whole employment is about and among Souls whose whole business is to promote the salvation of souls and all whose power is for the edification and building up of Souls not for the making of them stumble and fall and perish should have a very tender respect to the good of poor souls For them to do any thing whether upon their own heads or upon the command of others which may be a pullback to souls in the way to Heaven is worse than others Vbi sublimior praerogativa ibi major culpa saith Salvian They are lights set upon an hill their actions are more observed and their example more imitated than others Ignorant and loose persons are apt to draw large consequences and wide and wild conclusions from small premises in them So that if a Minister do but lawfully use his Christian Liberty the rude vulgar will thereby open to themselves a gap to all licentiousness If he be but innocently pleasant saith one think they we may be mad if he but sip we may carouse if he spend but some few hours in his honest and lawful recreations the common gamester presently concludes his mispence both of time and patrimony to be thence justifiable 3 To the strong Be you hence advised to shew your strength by stooping and condescending to the infirmities of the weak and complying with them therein even to the denying your selves and laying a restraint upon your selves as to those indifferences wherein you have a greater latitude than they This is that which the Apostle holds forth as the duty of such Rom. 15.1 We then that are strong ought to bear the infirmities of the weak and not to please our selves Though it may be pleasurable and delightful to the strong to make use of their liberty yet they must rather forbear pleasing themselves than thereby to prejudice their Brethren You should rather heal them and strengthen them than wound them and offend them Hujusmodi hominibus medicina debetur non offensio saith Pet. Martyr This was Paul's temper and resolution 1 Cor. 8.13 If meat make my Brother to offend I will eat no flesh while the world stands lest I make my Brother to offend We use to say That which is one mans meat is another mans poyson and De gustibus non est disputandum And indeed in all cases almost even of sensible things as objects of smelling hearing seeing c. as well as tasting there are such diversities of apprehensions that there 's no possibility of establishing any uniformity in them or laying down and prescribing any general Rule about them that all persons should either judge or practise alike as to these things so that the very nature of man seems to call for and require a latitude and liberty in them and therefore there must be a mutual forbearance of one another in all such cases and allowance of one anothers different sentiments without quarrelling and imposing yea and not so only but also a complying with each others humours and fancies Remember still that I am speaking of Compliance in Indifferencies and so to become All things to all men as Paul did Though thou thy self canst eat though perhaps not digest onions and garlick even of Egypt yet because there are many weak stomachs that cannot away with the rank smell and savour thereof and the use of these things renders thy breath stinking unto them therefore thou should'st forbear Though thou thy self could'st run along nimbly and securely in a rugged way without any danger of stumbling and falling yet it will be not so much civil as Christian kindness to stay and take others along with thee that have not that agility and ability thou hast Though thou canst sing a note above Ela thy self yet thou must so compose thy voice as may make the best harmony with those thou art joyn'd in consort withall and not strain it to the highest pitch thou canst God by Moses pronounced a curse against him that made the blind to wander out of the way Deut. 27.18 Though thou hast knowledge 1 Cor. 8.10 and seest thy way plain enough before thee yet if by thy example thou leadest him that wants knowledge in a way he is either

in Talm. Sota c. 1. yea saith R. Akiba he deserves to dye for it and accordingly water being once brought to him both for drinking and washing and the greatest part of it being casually spilt the remainder he used for washing saying That it 's better to dye than to transgress the tradition of the Elders And this is a saying too among them Whosoever dwells in the land of Israel and eats his ordinary food after a cleanly manner and speaks in the holy language and saith over his Phylacteries morning and evening may be confident that he shall obtain happiness in the world to come But lest any should take these Traditions for matters of Counsel only or bare opinion which laid no manner of obligation upon them and because a passage of Grotius formerly quoted and animadverted upon may seem to look that way though what has been said already under this last head does abundantly prove what an high opinion they had of them in point of their obligatoriness Yet further as I show'd before that the word Elder denotes persons of a publick Character and such as were in places of power and authority and not only persons in a private capacity so I shall further prove by several Arguments that the Traditions of these Elders were not points of opinion only but matters of injunction and command Sect. 13. 1 This Tradition is expressy called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Precept of the wise men both by Maimonides in Hilchos Brachos c. 6. sect 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Washing the hands is a precept of the wise men to which we are absolutely bound to yield obedience according to what is written Deut. 17.11 According to the sentence of the Law which they shall teach thee thou shalt do And also by the Talmud Washing of hands is by reason of the command of the wise men And accordingly 2 These Traditions are called Commandments of men here by Christ Mark 7.7 and opposed to the Commandments of God v. 8. and what is called in one verse a Tradition is called in the other Commandments of men so that they seem to be convertible terms Mark 7.7 8. In vain do they worship me teaching for doctrines the commandments of men For laying aside the Commandment of God ye hold the tradition of men c. 3 The word transgress Why do thy Disciples transgress the tradition of the Elders implies that they held them obligatory and that these Traditions laid an obligation upon them for why else do they tax the Disciples for the transgression thereof if they did not take 'em to have the nature of a law For Transgression properly belongs to a law or something that has a binding power in it 1 John 3.4 4 The drift and design of our Saviour's Answer and Vindication is to show that the people were not obliged thereby and that these Traditions were of no force or validity at all which shows that they look't upon 'em as obligatory 5 These Elders who were the Authors of these Traditions were members of the Senate and Rulers as was proved afore and consequently a Tradition or Decision of their's had the nature of a law and was of a binding power being the act of the whole body as we find it was in this particular case for the whole body of the Council espoused the quarrel of this Rite for they Excommunicated R. Eliezer because he slighted this Ceremony of washing of hands and then when he was dead they commanded a great stone to be laid on his Coffin in token of their detestation of him or to note That his Coffin was to be stoned saith the Talmud in Edajoth cap. 5. 6 The Hebrew Edition of Matthew by Munster renders traditions of the Elders by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Now 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is rendred by Buxtorf Pactum decretum statutum constitutio sententia from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 decernere statuere definire And thus we have dispatch't the consideration of the General ground of their complaint viz. A transgression of the Tradition of the Elders by showing Who these Elders were What a Tradition of the Elders was both as to the Nature Ground and Validity thereof Come we now to the particular cause of their quarrel viz. Eating with unwashen hands And here many things offer themselves to our consideration As Sect. 14 1 This Washing is called by the Jews 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lifting up the hands viz. to wash for dinner because in washing they lifted them up in a formal ceremonious manner as we shall see anon or as St. Mark expresses it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 diligently 2 The Rabbins say it was to be used only before the eating of ordinary bread Thus Maimon in Hilchos Brachos c. 6. sect 1. Quicunque comedit panem super quo convenit recitare benedictionem istam Benedictus c. qui educit panem è terrâ opus habet lavare manus ab initio fine etiamsi sit panis communis The Reasons whereof the learned Reader may see in Buxtorf's Discourse De lotione manuum sect 11. And therefore you may observe that express mention is made of bread here several times Matth. 15.2 Mark 7.2 5. And therefore they allow'd a man to eat fruit cheese herbs or fish with unwashen hands 3 This washing was from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the ends of the fingers wherewith they took their meat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 usque ad juncturam to the joyning which some understand of the joyning of the fingers to the hand but most generally of the joyning of the hands to the arm at the wrist and not of the joyning up at the elbow as Capellus contends for which Buxtorf produces many passages in his Vindic. Exercit. in hist Institut Coen Domin advers animad Lud. Capelli sect 55. Sect. 15. 4 For the Manner it was performed either by pouring the water upon the hands by another person or by one's self if none else were at hand to do it or else by dipping the hands in the water If it were done by pouring the water was to be poured upon the hands two or three times First If the hands be dirty to cleanse 'em from the dirt 2 To take away the moral uncleanness as they accounted it 3 To cleanse them from that second water which took the moral uncleanness to it self and therefore must all be washed off Several other Rules and Directions are given both as to the Quality and Quantity of the water as also concerning the Vessel that the water is to be put into which may be seen in the forementioned Author sect 24-28 5 They were to lift up their hands whence it was called Netilas jadajim as was said that the water might not run back from the hands to the fingers and so defile them again for they held that the water that was poured upon the hands did contract moral defilement thereby as was said 6 They were to pull off Rings Plaisters or any such