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The Divine Right of Church Government and Excommunication · Samuel Rutherford

The Divine Right of Church Government and Excommunication, Religious tract · Text of tract · Question 5

Queſt. V.

Whether or not in every indifferent thing are we to eſchew the ſcandall of all, even of the malicious?

IT is knowne that many take offence at tolling of Bells, at a Miniſters gowne while hee preacheth, at the naming of the dayes of the weeke, after the Heathen ſtyle from the ſeven Planets, as Sunday, the day of the Sunne; Moonday, the day of the Moon, &c. It is true, Bells are abuſed by Papiſts, while as they be conſecrated, baptized, uſed to chaſe away devils. But theſe be ſcandals taken, and not given, for we read not of ſcandals culpable in Gods word, but there be ſome apparent morall reaſon in them. 2. The object ſcandalizing hath no neceſſitie, why it ſhould be. Now there is a neceſſitte of Bells to give warning to convocate the people to Gods worſhip, and they are of meere civill uſe, and have no morall influence in the worſhip, for the ſame tolling of bells is, and may be uſed to convocate the people to a Ba…oncourt, to heare a declamation, to convocate Souldiers; there is no apparent morall reaſon why the tolling of a Bell ſhould ſcandalize, and the toller of the Bell for warning of the bodily and perſonall convocation of the people, is not a morall agent properly; the action of tolling remaineth within the ſphere of an acti…n phyſical… ▪ in lineà Phyſicâ, non in lineâ morali aut religi…ſâ aut Theologi…â, for ſo here I muſt contradiſtinguiſh a Phyſica…l action from a Religious action. 2. The tolling of bels have a neceſſitie of expediencie, I mean neceſſity in ſpecie, in the kind, though not in in lividuo, in the particular, and no particular can be more fit and convenient: people muſt have ſome publ que ſigne for the dyat of meeting▪ elſe the worſhip would be weariſome to thoſe who met long before the time, and it would be ſcandalous and inconvenient, to others to meet after the publick worſhip is begun. If any ſay, tolling of Bells is not neceſſarie, ſounding of Trumpets, beating of Drummes may be civill ſignes of convocating people; touling of bells being ſo fouly abuſed by Papiſts to ſuperſtition, and ſo being not neceſſarie ought to be removed. But I anſwer, beating of Drummes wanteth the neceſſitie of conveniencie, as in raynie weather it could not be, nor can they give warning ſo conveniently: blowing of Trumpets might ſeeme as Jewiſh, Joel cap. 2. v. 15. as tolling of Bells ſeemeth Popiſh, and the degrees of neceſſitie of conveniencie ſhould ſway the Chu…ches determination in theſe caſes, and this exſuperancie of neceſſitie of conveniencie is in all things, though we cannot ſee it alwayes; 2. The inſtamped civill gravitie in a Gowne, maketh it neceſſary with the neceſſitie of expediencie, being in it ſelfe a grave habit fit for an Oratour who is to perſwade. 3. The names of dayes to ſignifie civill times and things, out of a religious ſtate is neceſſary now: and the Holy Ghoſt doth uſe for civill ſignification ſuch termes, as Mars-ſtreet to ſignifie civill and meerely hiſtorically ſuch a place. And the Ship whoſe ſigne is Caſtor & Pollux, yet theſe were heathen names, and moſt ſuperſtitious, and cannot be uſed in a religious ſtate. I grant, we may not term our Jehovah, Jupiter or Baal; nor Chriſt, Mercurius, though he be the word of Gods mind to us, for God teacheth us other words and language in his Word. The truth is, that aRobert Lord brooke, in a diſcourſe of nature of Epiſcopacie, cap. 5. pag. …6.learned noble Lord ſaid well and judiciouſly, all the indifferencie (in the world) lyeth in our underſtandings, and the darkeneſſe thereof—but there is none in the things themſelves, or actions, which are ſtill either unlawfull or neceſſarie. And this is moſt true in actions morall and humane. The Church putteth indifferencie on nothing, there a neceſſitie in reſpect of our darkneſſe, many be ſcandalized at things which ſeeme not neceſſarie to them, yet are they in re, in themſelves neceſſarie. But conformiſts object, That the very will of the Church, Act. 15. made things indifferent before the act now to become neceſſarie, if then the Church may take away indifferencie, ſhe may give alſo. But I anſwer, The antecedent is moſt falſe, Junius, Calvin, Beza, Bullinger, Brentius, Pomeranus, Marloret, and the text clearly ſaith, by the law of Nature theſe were ſcandalous. So bOrigen cont. Celſum, l. 8.Origen thinketh to eat bl…oà was ſcandalous. And cStrabo, l. 15.Strabo ſaith, the heathen in their ſacrifice dranke blood; Yea, dTertull. in 2 pol. ca 9. bibebant ſanguinem humanum.ſaith Tertullian, the heathen dranke mens blood, and eAuguſt. epiſt 19. Vt vetus ſynagoge hoc pacto cum honore ſepaliretur.Auguſtine ſaith, they forbade theſe for a time in the caſe of ſcandall▪ that the ancient Synogogue might be buried with honour; Yea, fIreneus. lib. 2 cap 12.Ireneus, gTertullian de pudicit, c. 12.Tertullian, and hCyprian ad Quirinum, l 7.Cyprian will have theſe drawne to a ſpirituall ſenſe, that they ſhould abſtaine from Idolatrie, ſhedding of blood and fornication; And iLorinus com. in act 15. ait eſſe legem mere poſitivam, quae r…moto, contemptu ſcandalo & alio peccato, non videtur arctè obligare.the Jeſuit Lorinus ſaith this was a poſitive Law, which without the caſe of ſcandall, doeth not ſtrictly aboliſh. kCajetan, vitare fornicationem eſt divini juri…, reliqua … Canone erant ut mor…m gererent … Iudaeis quibus conviverent.Cajetanus, Fornication by Gods law was forbidden, the other things in the Canon were forbidden to gratifie the Jews. lPhilip. Gameth. in. 12. q. 104. 105. c…. 2 ad fovendum inter Iude…s & Gen…es mutu…m concordiam propter infirmitatem Iudaeorum.Philippus Gamethaeus a Sorbeniſt ſaith, they were forbidden to nouriſh concord betwixt Jew and Gentile, for the infirmitie of the Jewes. 2. That the will of the Councell made them not neceſſarie, whereas before the act they were indifferent, is cleare. 1. It had then been needleſſe to diſcuſſe the matter by Scripture. 2. To alledge the holy Ghoſt as author of the Synod; It ſeemed good to the Holy Ghoſt, &c. if the bare will of men had made them neceſſ…rie.

But ſaith mPaybodie, par. 3 pag. 413. 4…4.Paybodie, Any good thing may become an occaſion of evill by accident, and through our fault, the Word condemneth not occaſions of ill by accident, but ſuch only as are occaſions of evill, and in themſelves evill things, indifferent are not in themſelves evill.

Anſ. All occaſions whether ill in themſelves or indifferent, are occaſions of ſinne by accident, and through our fault who abuſe them, but all occaſions becauſe occaſions, and not becauſe evill are forbidden, when as they are not neceſſarie, and this is Gods argument to prove that the Jewes are not to marry with the Canaanites for (ſaith the law) they will turne away your heart, after their Gods, to ſend abroad a goaring oxe, to ſeeke his food, hath no ſinne in it, ſave only it may occaſion the killing of men; and the building of houſes without battlements, and the going by the doore of the whoore, or comming neere her houſe, are not of themſelves ill, but only forbidden under this reduplication, becauſe they are occaſions of ill: ſinnes, as ſinnes are forbidden, and as occaſions of ſinnes, they are alſo new ſinnes, having a diſtinct illegalitie and guiltineſſe in them, from this that they occaſion ſinne: and Gods law (as all Divines reach) forbiddeth ſinne, and all occaſions of ſinne. Drunkenneſſe is both forbidden as intemperancie, and alſo as an occaſion of luſt, and of ſpeaking perverſe things, as is evident, Pro. 23. 33. For then the ſpirit of Gods argument were null to diſſwade from drunkenneſſe, as he doth in theſe wo…ds, Thine eye ſhall behold ſtrange women, and thine heart ſhall utter perverſe things. Now we can ſhew that many wayes Ceremonies occaſion ſinne, as 1. they trimme and decore a Church for harlot lovers, from Rome, forbidden, Jer. 2. 33. Suarez, Franciſcus de ſancta clara, Gretſerus, and other Papiſts, for theſe, werein love with the Church of England. 2. They occaſion diſſention in Gods houſe, and are contrary to peace, Pſ. 34. 14. Heb. 12. 19. Rom. 12. 18. and ſo to be rejected. 3. They beare falſe witneſſe of Poperie, which we diſclaime. 4. They are againſt the ſpirituall worſhiping of God, and lead us backe to the carnall commandements, and beggerly rudiments of the law, from the Goſpell, againſt the word of God, Joh 4. 24. Gal. 4 9, 10. Heb. 7. 16. Heb. 9. 8. 9. Gal. 3. 25. 26. Gal. 4. 1. 2. Coll. 2. 20. They are torches in day light, and vaine and uſeleſſe. 5. They bring us under bondage to men, contrary to the Apoſtle, Col. 2. 20. and to the ordinances of men, and under the power of things, 1 Cor. 6. 12. 6. They are againſt our Chriſtian libertie. They anſwer, eſpecially aPaybodie.Paybodie, and bD. Forbes in Irenic….D. Forbes, that Chriſtian libertie is not reſtrained by doing, or not doing a thing indifferent, for ſo there ſhould be no lawes made at all by the Church, concerning things indifferent, but Chriſtian libertie not hurt, if 1. the Ceremonies be free to the conſcience, and not made neceſſarie. 2. If they be not made neceſſarie to ſalvation. 3. If they be holden alterable by mans authoritie. Anſ. The queſtion is perverted▪ for we queſtion not if the uſe of things indifferent lay a bond on Chriſtian libertie, but if the will of authoritie can make a law of things indifferent; when there is no intrinſecall neceſſitie in the things themſelves, when neceſſitie of edification layeth on a tye, Chriſtian libertie is not indeed reſtrained, for God then layeth on a bond. 2. Externall eating of meats, and obſerving of dayes, is a part of the libertie, wherewith Chriſt hath made us free, Coll. 2. 21. Eat not, touch not, taste not, men eat not meat with their minde or conſcience, but with the teeth of their body, and to ſuch externall eating, men are dead with Chriſt, as touching externall obſervation thereof, and Paul, Gal. 2. 19. as dead to the Law, living to God, and crucified with Chriſt, is freed from ſuch Judaizing, as Peter fell into, but that Judaizing did not bind Peters conſcience, neither was it repute of him, as neceſſarie to ſalvation, as he had taught, Act. 10. And the falſe Apostles preſſed Circumciſion, not, as tying the conſcience, or as neceſſarie for ſalvation, but Gal. 6. 12. foreign, &c. only, that they may not ſuffer affliction for the croſſe of Chriſt, and yet to be circumciſed externally without neceſſitie of conſcience before God, croſſed directly the libertie wherewith Chriſt had made them free, Gal. 5. 1. and 1 Cor. 9. Have we not power to lead about a wife, and ſiſter aſwell as others? Yet if the Prelates at Corinth ſhould have made an act, forbidding Church-men to marry, though they had eſteemed not marrying, both free to the conſcience, and alſo not neceſſarie to ſalvation, they had laid bands upon Pauls libertie. 3. We ſee not how the Ceremonies are left free to the conſcience, becauſe they are alterable by the Church, for the reaſon of kneeling to bread, of humane dayes, of Surplice, is morall, not Nationall; there is no reaſon why prophaning of the Lords Supper, ſhould not be eſchewed, in all the world, and at all times, as in Britaine, and at this time; and Croſſing and Surplice doth ſignifie dedication to Chriſts ſervice, and Paſtorall holineſſe in all the world, as in Britaine, and therefore they cannot be nationall rites and alterable, but muſt be univerſall, and at all times, and in all places doctrinall. 4. The very externall Waſhings, Feaſts, New-Moones, Offerings, though they ſhould be thought free toward the conſcience, are externall burdens againſt Chriſtian libertie, as our Divines, aCalvin Inst…t. l 3. c. 19. ſect. 7. t…rtia (pars libertatis) ut nu…la rerum ext…n…r…m quae per ſ…ſiunt, foreign, …lig…ne▪ cor…m D…o tang…remur quin eas nunc uſurpare, nunc ind…ff…renter liceal uti.Calvin, bCh…mnit. Exam. p…rt. 2. de rit. ſacra. p. 33.Chemnitius, cPolan. Syntag Th…ol. lib 6. ca. 9.Polanus teacheth, and dB…ll, de …fficac Sacram, 1. 2 ca. 32Bellarmine anſwereth, the places alledged ſpeaketh of Jewiſh ſervitude. But our Divines eſpecially eIu…ius in B…ll co. 3. l 4. …a 17. …. 19 20Junius and fWhitt…ker de pontif. R…m. q. 7. c. 3. ad 5.Whittakerus anſwer Bellarmine, that Paul, Coll. 2. ſpeaketh againſt all Commandements of men, yea, hee ſpeaketh againſt Angel▪ worſhip, which is not a Jewiſh ſhadow, whereof Chriſt is the bodie. But they ſay it is a wide rule, that all things that may be wanting in Gods worſhip, are to be omitted in the caſe of ſcandall. I anſwer, there be three ſort of things here conſiderable. 1. Things not commanded of God, as all religious obſervances, theſe are utterly unlawfull, when the uſing of them ſcandalizeth. 2. Things that fall under an affirmative precept, and theſe cannot be totally omitted, for eſchewing ſcandall: for what ever God hath commanded is ſome way neceſſarie. Ergo, it ſome wayes, and in ſome caſes, may be done, though offence be taken at it, but branches, or parts of affirmative precepts may be omitted, for eſchewing of ſcandall, as ſuch a particular kneeling in prayer, in ſuch a place: but Gods affirmatiue precepts leave not off to be alwayes ſcandalous actively though information be given, for where the uſe hurteth, the abuſe and ſcandall is not taken away by teaching, to teach how Images ſhould not be abuſed, make not Images to leave off to be ſcandalous objects. 3. There bee ſome things of meere civill uſe, as Bells, Gownes, Pulpits, preaching on Tueſday or Thurſday. Theſe be conſidered two wayes. 1 As neceſſarie with neceſſitie of conveniencie ſimply. 2. With neceſſitie of conveniencie. ſecundum prevalentiam graduum, as convenient in the higheſt degree of neceſſitie, or that morall, maximum quod ſit, in the firſt degree, what ſcandalizeth▪ is to be rejected; in the laſt reſpect they oblige, and if any be ſcandalized thereat, it is taken and not given. It may be the Church ſees not alwayes the higheſt and ſuperlative conveniencie, in theſe Phyſicall circumſtances, but they oblige not becauſe of the Churches authoritie, no more then the word of God borroweth authority from the Church, but they have an intrinſecall neceſſitie in themſelves, though right reaſon in the Church ſee not alwayes this neceſſitie, therefore that a ſigne be given for convening the people that the Preacher officiate in the moſt grave and convenient habite is neceſſarie, Jure divino, by Gods law, and that tolling of Bells, and a Gowne, a Pulpit bee as particulars moſt convenient for theſe ends, the Church Miniſterially doth judge, ſo as the obligatorie power is from the things themſelves, not from the will of humane Superiours. No neceſſitie of peace which is poſterior to truth, no neceſſitie of obedience to authoritie, no neceſſitie of uniformitie in theſe externals, ſimply, and as they are ſuch, are neceſſities obliging us to obedience: for things muſt firſt in themſelves be neceſſarie, before they can oblige to obedience. I muſt obey Superiours in theſe things of convenient neceſſitie, becauſe they are convenient, and moſt convenient in themſelves, and ſo intrinſecally moſt neceſſarie, but they are not neceſſarily to be done in themſelves, becauſe I muſt obey Superiours, and becauſe I muſt keep uniformitie with the Church. The will of Superiours doe find in things neceſſitie, and good of uniformitie, but they doe not make neceſſitie, nor the good of uniformitie: We ſhould be ſervants of men, if our obedience were ultimatè reſolved, in the meere will of Superiours, in any the leaſt circumſtance of worſhip: and what I ſay of actions, holdeth in matters of meere cuſtome alſo.

But Maſter Sanderſon, D. Forbes, M. Paybodie, teach that we are not to regard the ſcandall of the malitious, as of Phariſees. To which I anſwer, We are to have alike regard, in caſe of ſcandall, to wicked and malitious, as to weake and infirme. For we are not to regard the paſſive ſcandall of the weake more nor of the wicked, for who ever ſtumble at the neceſſarie ordinances of God, they take a ſcandall, which is not culpably given. But that we are to regard the active ſcandall of all, even the moſt malitious, I demonſtrate thus, 1 Rom. 14. 15. Paul proveth that we are not to ſcandalize our brother, 1. becauſe it is againſt charitie. 2. Becauſe we are not to deſtroy him, for whom Chriſt died: but we owe love to the malitious, even to our enemies, and muſt not walke uncharitably toward him, as the law of God requireth. 3. A malitious man is one for whom Chriſt died, very often, as is cleare in Paul before his converſion.

2. 1 Cor. 10. 32. Wherefore give no ſcandall, neither to the Jewes, nor to the Gentiles, nor to the Church of God. 33. Even as I pleaſe all men in all things, not ſeeking mine owne profit, but the profit of many, that they may be ſaved. Here be many arguments for our purpoſe, All men; whether weake or wilfull, are either Jewes or Gentiles, and none more malitious againſt Paul, and the Goſpell, then the Jewes, yet muſt we take heed that we give them no ſcandall.

3. If we muſt pleaſe all men, in all things indifferent, Ergo, Fran. Silvius Duacenſ Profeſ. in 22. q. 43. …. 7. concl 3. Charitas dicat ne abſque omni cauſa …ff…ramus proximo, eti…m ex▪ malitia peccaturo, occaſionem peccati. Ita Tannerus, in 22. to. 3. aiſ. 1. q 6 duc. 9. aſſe…. 3 bon… conqued…m …bia …lavandis ad vitandum ſcandalum malitioſorum.alſo malitious men. 4. If we muſt ſeeke the profit not of our ſelves, but of all men, and ſeeke to ſave them, and ſo ſeeke the ſalvation even of the malitious, as Chriſt prayed for his malitious enemies, ſo muſt we not ſcandalize them. 5. I argue from the nature of ſcandall, ſcandall is ſpirituall murther, but the ſixt Commandement for biddeth murthering of any man, either weake or wilfull, for no murtherer can have life eternall, 1 Joh. 3. 15. Now weakneſſe or malice in the ſcandalized is accidentall to the nature of ſcandall active, for active ſcandalizing is to doe inordinately and unſeaſonably, that which hic & nunc may be omitted, from which any is ſcandalized, either weake or wilfull, to lay a ſnare to kill a wicked man (except it be, by the authoritie of him, who beareth the ſword under God) is murther, no leſſe then to kill an innocent man. 6. To ſcandalize actively, is to be acceſſarie to the ſinne of the partie ſcandalized, but we may not be acceſſarie to the ſinne of either wilfull, wicked, or weake, for it is againſt the petitions, that we are taught to pray, Hallowed be thy name, Thy kingdome come, Thy will be done, in earth, as it is in heaven. They love not the comming and enlargement of Chriſts kingdome, who doe not, what they can to hinder ſinne, farre leſſe is Gods honour their care, who doe that unneceſſarily, by which any may fall in ſin. 7. It is againſt the gentleneſſe required in Preachers, and by proportion required in all, who are with patience to wait upon theſe who oppoſe the truth, if God peradventure will give them repentance, to the acknowledgement of the truth. 2 Tim. 2. 24. 25. 8. It is contrary to the example of Christ, and his Apoſtles, who as the learned aParker on the croſſe, part 2. ſect 8. Math. 17. 2….Parker ſaith, eſchewed the active ſcandalizing of the malitious, Chriſt payed tribute, foreign, leſt we ſhould ſcandalize the malitious Phariſees, for it could not but of malice be taken by Phariſees, who ſought nothing more then to bring Chriſt within the compaſſe of diſl…yaltie to Caeſar.