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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

eo ipsorum authoritas elevari videretur qui jam Seniorum locum tenerent illorum successores institutorum propagatores saith Brugensis Hence Christ calls 'em your Traditions So then The Elders here meant were such as lived in former times who were persons of great Dignity and Authority to whose cognisance matters of Religion did appertain and to whom it belonged to form and frame these Constitutions or Traditions Where by the way you may take notice and that you may take the more and better notice of it know That it is the Observation of the prodigiously learned Dr. Stillingfleet That the word Elder or Presbyter according to the common use of it has a higher Character and is of more excellent import than the word Bishop the former noting Dignity and Authority as has been show'd the latter only matter of Duty Charge Trouble and Business His words are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a name importing Duty more than Honour and not a Title above Presbyter but rather used by way of diminution and qualification of the power implied in the name Presbyter Iren. p. 286. But this by the by Thus you see Who these Elders were 2. The next thing to be spoken unto is to show What the Traditions of these Elders were And here I shall consider 1 their Nature 2 Original 3 Validity or what stress they laid upon ' em Sect. 10. First What a Tradition is A Tradition in general is something delivered from one to another and it is twofold Divine and Humane 1 Divine which is either matters of Doctrine delivered either by God himself or some immediately inspired by him and so both the Verb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Noun 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are used concerning the points of Christianity Thus the Apostle Paul received from God and delivered to the Church the Doctrine of the Sacrament of the Lord's Supper 1 Cor. 11.23 and of Christ's Death and Resurrection 1 Cor. 15.3 yea the whole Doctrine of the Gospel in general is a Tradition delivered or conveyed to us Rom. 6.17 2 Thes 2.15 Jude 3. Again Divine Traditions respect matters of Practice also and these are Constitutions or Ordinances appointed by God or some immediately inspired by him for the use of the Church as the word seems to be taken 1 Cor. 11.2 Now I praise you Brethren that you remember me in all things and keep the Ordinances Margin Traditions as I have delivered them to you And more plainly 2 Thes 3.6 2 Humane called here Traditions of the Elders your Traditions v. 3 6. your own Traditions Mark 7.9 the Traditions of men Mark 7.8 Col. 2 8. and of the Fathers Gal. 1.14 And these likewise are either Doctrinal concerning some points of Doctrine as Matth. 5.21 c. and therefore are called expresly the Doctrine of the Pharisees and of the Sadducees Matth. 16.12 Concerning which Grotius observes That that which the Greek Philosophers called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Christ here calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Doctrine Instruction Article or point of Faith or else they are Practical being customs and external observances invented by men and delivered from hand to hand from Father to Son and such Traditions were these here of the Elders and those Col. 2.20 21. And these are the Traditions under Consideration Now such a Tradition is an Ordinance * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 institutum hoc constitutionem vertere possumus Eras Institution Canon Constitution Resolution Decision or Determination of their Forefathers the Governours of the Church delivered down from one to another enjoyning the observation of such and such Rites Ceremonies or Practices The former of these sorts viz. Divine Traditions are the Rule and Ground of our Faith Worship and Obedience The latter Humane do naturally produce Superstition and Will-worship and of this sort there were multitudes upon all occasions so that the whole Talmud is little else than a Collection of ' em I 'le give you a taste and but a taste of ' em It was a Tradition that on a Festival-day it was not lawful to blow the fire with a pair of bellows because that had some resemblance of a Mechanick work but they might blow it through a hollow Cane Again On a Festival-day it was not lawful to lay wood on the fire in an artificial manner so as to resemble a building But enough of these Sect. 11. Secondly What was the ground they went upon or the occasion of their first broaching these Traditions In general it was as they express it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 To make a hedg to the Law that men should not break in upon it to transgress it and this was a specious colour for all their Traditions for they pretending to make Constitutions to fence the Law from violation and to raise the observance of it the higher they multiplied inventions and fancies of their own brains and set 'em up for Laws and so made the Law indeed nothing worth I shall give you an instance but in one of ' em The written Law forbad Thou shalt not seethe a kid in his Mothers milk Exod. 23.19 Now to make sure as they pretended that this Law should not be violated they fenced it with this Tradition Thou shalt not seethe any flesh whatsoever in any milk whatsoever Thus we see how very apt men are to set their posts by God's Pillars to light up their Candles to his Sun to put their varnish upon his Gold and like Botchers to patch their inventions upon his Institutions The Jewish Rabbies under a specious pretence of Piety brought in whole loads of this kind of trash which they called Sepimenta legis but were indeed but impedimenta because God's Commands were thereby frustrated as our Saviour Christ shows here in the sequel of this discourse This is the general reason But As for the particular grounds of particular Traditions I shall have occasion to mention some afterwards Sect. 12. Thirdly What was their Validity Of what account they were among the Jews and what value they put upon 'em appears by many passages in their Authors It is a saying of the Talmudists 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Verba Cabalae aequiparantur verbis Legis Here they set them cheek by jole as we say with the Commands of God but this is not all they set 'em even above the Law of God it self and make that to lacquey behind for this is another saying in the Talmud as Grotius quotes it Plus est in verbis Scribarum quam in verbis Legis There 's more weight in the words of the Scribes than in the words of the Law And Dr. Lightfoot quotes another to the same purpose The words of the Elders are more lovely than the words of the Law and more weighty than the words of the Prophets Hence they say of this Tradition in particular That he that eats his bread with unwashen hands sins as grievously as if he lay with a Whore So saith R. Jose

neither to speaker nor hearer then they are not indifferent and if words when cloathed with circumstances cannot be indifferent then neither Thoughts nor Works which are as much the issue and product of reason as speech 2. For Reason 'T is this Either they are agreeable to those Rules laid down in the Word of God for regulating all our actions before mentioned or not for Contradictio caret omni medio If they be agreeable to the Rule they are good for goodness is Conformity to the Rule if not they are evil Even as a Statuary or carver of Images 't is Ames's comparison oft-times has no peculiar reason to make this Image rather than that Cas Consc l. 3. c. 18. yet if he make any at all either he follows the rules of his Art and then he makes a good statue or he departs from those rules and then he makes a bad one and does not work like an artist so many times it may be to a Christian a matter meerly indifferent to do such a thing at this time or another in this place or another c. and may be left to his own choice and pleasure therein but yet as he is a Christian he is obliged to regard such and such circumstances in all his actions and therefore whatsoever he does he doth it either well or ill for either he observes these circumstances and then his action is good or he neglects them and then 't is bad 3. For Authority Aquinas determines the question thus 12ae q. 18. a. 9. Quemvis actum humanum in individuo consideratum quando ex deliberatâ ratione procedit bonum esse vel malum necesse est So another great Scholar of our own Nulla est individua actio humana quae est indifferens sed propter circumstantias necessario vel bona vel mala si Thomae omnibus Thomistis credimus Mort. Ap. part 1. l. 1. c. 47. I shall need to add no more because this last testimony is pregnant with many others Yet for all this I add 5 And lastly An action even in individuo may be indifferent in respect of any Precept or Prohibition though not in respect of good and evil There may be the necessity of something in an action when it is done to make it good viz. bonitas intentionis or directionis and bonitas principii and yet the action it self pro hic nunc be no ways necessary but indifferent and a matter of liberty This is very well illustrated by one by comparing it with what is usually said of God's particular actions Stillingfl Iren p. 52. That God is free in himself either to do or not to do that action as suppose the Creation of the world but when he does it he must necessarily do it with that goodness holiness and wisdom which is suitable to his nature so may many actions of men be in themselves indifferent and yet there must be a concomitant necessity of good intention and principle to make the action good But this concomitant necessity does not destroy the radical indifferency of the action it self it is only an antecedent necessity from the obligation of the Law which destroys indifferency Thus much also for the nature of this circumstantial extrinsecal indifferency Again This circumstantial indifferency is either Absolute or Comparative Absolute When a thing being considered alone by it self without relation to others is neither good nor evil Comparative When a thing being compared with others is neither better nor worse than they but they are indifferently and alike good or evil as to eat at ten a Clock or eleven c. The use of these two distinctions will appear anon Now the grand difficulty in this point is Whether the command of Authority does take away the indifferency of a thing Dub. so as to make it become necessary and consequently not the matter of scandal given There 's great stickling and strugling Pro and Con between the Conformists and Non-conformists especially on the Conformists part because this is the main Bulwark to which they retreat when beaten off from other arguments concerning the lawfulness expediency necessity of the Ceremonies that they are indifferent and therefore when commanded by authority become necessary because these indifferent things are the (a) Res adiapkora sunt legum humanarum propriissima maximè idonea materia Sanders de Oblig Consc p. 235. paulo post Restant sola adiaphora velut campus in quo se exerceat exeratque vim illa suam inducendi obligationem ubi nulla praefuit potestas humana p. 236. proper matter of humane Laws I desire to render to Cesar the things that are Cesars and to speak indifferently in this point of indifference between Magistrate and Subject not encroaching voluntarily upon either Therefore Solut. I answer in general according to the grounds laid down That where a thing is indifferent intrinsecally or in its own nature but not circumstantially but has some circumstantial goodness and necessity or there is some good reason from some circumstance for the enjoyning of it there the command renders it necessary but where there is not so much as any circumstantial goodness and necessity or any good reason from some circumstance there the command cannot make it (a) It was not the force or authority of the Canon Act. 15. but the reason and ground whereupon the Canon was made which caused the necessity of abstaining saith Sprint an advocate for Conformity Reply to Ans p. 258. necessary What God has left indifferent and not made necessary neither in its own nature nor by any particular circumstance no man has power to make so for no man has any authority or power but what is given him from above John 19.11 Jam. 1.17 If it be answered they have authority in the general which includes this particular I reply 1 No man has any authority at all either in general or particular directly or indirectly vertually or formally to do injustice but to take away a mans right and due his liberty without any reason is to do injustice Ergo. Again 2 Such a command cannot render the thing commanded necessary because it doth not at all (b) Where there is no other reason to warrant the doing of what a humane Law prescribes besides the bare will and authority of the Law-maker in this case a humane Law cannot bind us to obedience Engl. Pop. Cerem Epist p. 14. oblige for it has no dependance upon nor coherence with the Will of God it is no way agreeable to his Will which I prove thus That command which has no (c) Lex est aliquid pertinens ad rationem quum sit regula humanorum actuum mensura Aqu. 12ae q. 90. a. 1. reason for it but only the will of the Lawgiver has no (a) Teste Augustino nihil est justum ac legitimum in temporali lege quod non sit ex aternâ lege profectum Aqu. 12ae q.

93. a. 3. dependance upon the Will of God nor coherence with it for then that would be a good and sufficient reason or is no way agreeable to the Will of God either in general or particular and therefore has no obligation following upon it for that (b) Leges humanae obligant homines in foro conscientiae ratione legis aeternae à qua derivantur Id. q. 96. a. 4. Obligation of a Law which we speak of is nothing but the necessity of obeying under pain of sin against God That is an excellent notion of Petrus de Alliaco for which I am beholding to a Reverend and Learned Divine Gilbert's Assize Serm. on Jam. 2.12 p. 12. That as the will of God exerting and putting forth his natural power or strength is in natural things the first efficient Cause so the will of God exerting his moral power or authority is in moral things the first obliging Rule And as all things in nature act dependingly upon the will of God putting forth his natural power as the first efficient cause so in Morality all Laws oblige dependingly upon the will of God putting forth his Moral power as the first obliging Rule Whence I infer That where there is no intimation of God's Will neither express nor implicit in the nature of the thing nor in any circumstance there can no obligation arise 3 That command which has no Conformity to the rule and end of all Laws the * Necesse est legem semper ad bonum commune ordinari Aqu. 12ae q. 90 a. 2. publick good can have no obligation at all following upon it for the due matter of a Law is wanting but such a command has no Conformity c. Ergo. 4 That the Command of Authority does not render such an indifferent thing necessary may be proved I think undeniably from that passage mentioned Matth. 15 1-9 Mark 7 1-13 concerning the Disciples eating with unwashen hands for which they are complained of by the Scribes and Pharisees those great Masters of Ceremonies to Christ as transgressors of the Tradition of the Elders But Christ is so far from condemning that he justifies and vindicates them for it and on the contrary condemns their Antagonists for standing so strictly and laying so much stress upon such unnecessary trifles Here I observe First That the Rite or Ceremony in question was in it self indifferent i. e. neither commanded nor forbidden by any Law of God and so far from being unlawful that it seems rather a matter of civil decency and good manners Secondly This was commanded by a lawful Authority for 1 the Scribes and Pharisees who here urged it and stickled for it sate in Moses's seat Mat. 23.2 i. e. were the Rulers of the people or some of them at least who did succeed Moses in the ordinary office of Teaching and Ruling the people And 2 it was a Tradition of the Elders Now the Elders were the Sanhedrim that is the Supreme Authority of the Nation and a Tradition of the Elders is a Resolution Constitution or Determination of such a case made by them who therefore are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Domini constitutionum juridicarum Thirdly This constitution of Authority did not render this indifferent practice or usage necessary as is evident from the whole drift and scope of our Saviour Christ's discourse here From all which the conclusion or inference holds firm and strong That an indifferent thing commanded by lawful Authority is not thereby made necessary For the further clearing hereof I shall pass from one end of my thoughts to the other by these steps having first prepared the way by these Distinctions First I distinguish between the Matter and the Form of a Command or between the thing commanded and the stamp of Authority set upon it to make it currant The ground of this distinction is plain in reason Secondly I distinguish between an Intrinsecal and an Extrinsecal Indifference as before Thirdly I distinguish between unlawful and inconvenient This I ground upon the Apostles words 1 Cor. 6.12 All things are lawful for me but all things are not expedient Where he supposes that things may be lawful in some respect but inconvenient or inexpedient in others Whence I gather 1 That unlawful and inconvenient are not the same no more than lawful and convenient for Contrariorum eadem est ratio 2 I further gather the nature of inconvenient or inexpedient and how it differs from unlawful viz. That inconvenient or inexpedient is only an irregular circumstance of something in its own nature lawful He is there speaking of indifferent things and tells us That though in their own nature these be all lawful to make use of yet they may be so circumstantiated as to render them inconvenient or inexpedient Which circumstantial irregularity puts on such a kind of evil as the good or rule it offends against is of if it be only against some debitum natura then 't is malum physicum or naturale as to fast to the detriment of a mans health to eat that which agrees not with his constitution If against good manners then 't is malum morale as to be slovenly in eating either of these irregularities render a thing but inexpedient But if it be against any Command of God then 't is malum Theologicum or peccatum and so falls in with unlawful Fourthly I distinguish between a particular inconvenience which is only so to some particular persons or at some particular time and a general inconvenience which is alike inconvenient to all persons at all times and in all places This distinction has common experience to warrant its validity Fifthly I distinguish between submission for wrath and for conscience-sake i. e. meerly for fear of the penalty or else for fear of sin and to avoid that which he should be guilty of in case of disobedience and non-submission This distinction the Apostle makes to my hand Rom. 13 5. Sixthly I distinguish between an arbitrary and a necessary submission where there is no sin in the submission and yet 't is not a duty but free and arbitrary and where there is sin in the non-submission and submission is a duty and necessary The ground of this distinction will appear afterwards Now these distinctions I apply thus Prop. 1. It is certain that the Command of lawful authority That Magistrates ought to be obeyed in things good and lawful does not arise from the authority vested in themselves but from the immediate command of God that in such things they ought to be obeyed Discourse conc Liturg p. 55. quatenus command i. e. the form of the Command doth not necessarily bring an obligation to obedience along with it The obligation does not arise meerly from the form for then every command or every thing having the stamp of Authority upon it should oblige which none will say Therefore 2. The Matter of the Command must have some influence into the obligation thereof There being only

insolens est ut illi qui primatum sibi in Ecclesia vendicant primi etiam sint qui de opprimendo Christo ejus Evangelio consilia agitent Ger. Hence Philosophers are called by the Fathers Haereticorum Patriarchae the ringleaders and Captains of such as fight against Christ 2. Sect. 6. The Accused immediately and directly the Disciples Why do thy Disciples transgress c. but secretly and collaterally Christ himself they shoot at him through the others sides and seem to insinuate as if he were to be blamed for teaching 'em no better and suffering 'em to walk so disorderly without reproving 'em for it Thus they dealt also Matth. 9.14 Why do we and the Pharisees fast oft but thy disciples fast not But I shall insist no further upon this but hasten to that which I chiefly aim at which is the two following Points viz. The Accusation it self and the Defence 3. Sect. 7. The Accusation it self or the Practice or Usage concerning which the Contest and Dispute arose which is In General a Transgression of the Tradition of the Elders or Disobedience to the Injunctions of Authority Particularly Eating with unwashen hands The former relates to the Authority enjoyning The latter is the Practice enjoyned As to the former the General I shall consider 1 Who these Elders were 2 What was a Tradition of the Elders Sect. 8. First Who these Elders were The word Elders in its primary and original sense relates to Age and denotes either such as lived a great while even till they came to be old or such as lived a great while ago those of former times as Deut. 32.7 Heb. 11.2 and so 't is the same with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Matth. 5.21 and thence it 's derived to signifie most commonly both Dignity and Authority and so we find both in Hebrew Greek Latin and English to name no more the words importing Age or Eldership viz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Senatus Aldermen do denote both Honour and Power And 1 This sense is very frequent both in the Old and New Testament I shall mention but a few places of the chief as Deut. 22.15 the Elders of City in the gate the place of Judicature And they are sometimes called Elders of the people i. e. such who had authority over the people as Elders of a City are they that are in power in that City Thus Matth. 26.3 Then assembled together the chief Priests and Scribes and Elders of the people So c. 27.1 When the morning was come all the chief Priests and Elders of the people took counsel c. Hence they are commonly joyned with Rulers as 2 King 10.1 Jehu wrote letters to the Rulers of Jezreel and to the Elders Act. 4.8 Ye Rulers and Elders of Israel and they are very frequently joyn'd with chief Priests and Scribes and Pharisees and then the distinction that was between them I conceive may be stated thus As they were distinguisht from the Priests they seem to be Lay-men as we call 'em and as distinguisht from Scribes they were such as were not brought up wholly in the study of the Law or at least did not make that their Profession but were some of the Nobility and Gentry admitted to be Members of the Sanhedrim as is most evident from these places following Acts 22.5 The High Priest doth bear me witness with all the estate of the Elders from whom also I received letters unto the brethren and went to Damascus to bring them which were there bound unto Jerusalem for to be punisht and c. 24.1 Ananias the High Priest descended with the Elders who informed the Governour against Paul Matth. 26.59 Now the chief Priests and Elders and all the Council sought false witness against Jesus c. Mark 15.1 The chief Priests held a consultation with the Elders and Scribes and the whole Council So that nothing is more clear than that they were Members of the Council and persons in and of Authority I have been the more full in this point because Grotius in loc thinks that these Elders here mentioned though they were learned and wise men and so possibly might be Members of the Sanhedrim upon that account yet that the mention made of 'em here does not relate to any such capacity they were in but only as celebrated Teachers who were not only famous in their Generations but were had in great veneration and esteem in after-times and their judgements and dogmes were of great authority And so Beza takes 'em too only for the ancient Doctors and not for persons in authority But even Grotius himself elsewhere viz. in Acts 4.5 gives this account of 'em Seniores idem quod Senatores consules Vrbium Elders are the same with the Senate or Court of Aldermen or at least Common-council-men and Burgesses of Cities And the places forementioned do most evidently and undeniably evince that they were persons in authority and members of the Sanhedrim as I said before or great Council of the Nation And therefore Sect. 9. 2 They were the proper Judges of Ecclesiastical affairs to whose cognisance matters of Religion did appertain Hi doctrinae religionis totius obtinebant arcem inquisitionem proinde censuramque doctrinarum sibi arrogabant Commoti igitur famâ crehrescente de Jesu emiserunt è suis quosdam sicut etiam Marc. 3.22 qui observarent quid doceret quidque faceret in Galileâ Jesus novus ille Doctor ab ipsis nec missus nec probatus saith Brugensis And particularly It was the peculiar priviledge of those Doctors who were Members of the great Council to frame such Decrees Constitutions or Traditions This I gather from that passage of the Targum on Eccles 12.12 where it is said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which the Translation in our Polyglot Bible renders Magistri Sanhedrim scil ductores viarum as if 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 were to be taken according to the proper signification of the word from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ambulavit whereas it is most usually taken in the Metaphorical sense for Consuetudo ratio mos ritus judicium and among the Rabbins and Talmudists it signifies saith Buxtorf Constitutio juris sententia decisio traditio decisa usu ac consuetudine recepta approbata secuadum quod incedendum vivendum Lex Talm. in voc 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and accordingly it is to be rendred here Doctores synedrii qui sunt Domini consuetudinum sive constitutionum juridicarum The Doctors of the Council who are the grand Masters of Traditions And hence 3 We may easily imagine the reason why the Scribes and Pharisees here were so much concern'd at this neglect of the Disciples viz. because their own Copy-hold was toucht and their own authority lay at stake inasmuch as they were the Successors of these Elders so that the slight that was put upon the one redounded to the disparagement of the other Non mirum Scribas violatione traditionum seniorum cito offensos fuisse quod