The dying man's testament to the Church of Scotland, or, A treatise concerning scandal divided into four parts ... : in each of which there are not a few choice and useful questions, very shortly and satisfyingly discussed and cleared / by ... Mr. James Durham ... who being dead (by this) yet speaketh ; and published by John Carstares ... ; to which is prefixed an excellent preface of famous Mr. Blair ... ; together with a table of the contents of the several chapters of each part.

CHAP. VII. Shewing what the Scandal of the Pharisees or ma∣licious is, and clearing several other important Questions.

IF it be said, What then is it which is called the Scandal of the Pharisees or the malicious, which ought not to be respected? We answer, 1. In con∣structing any maliciously to take offence, there is great need of spiritualnesse, lest we account men malicious because of some particular difference from us or some other persons; even as from David's imprecations against his malicious enemies, we would not draw an example for regulating of our prayers, in reference to

our enemies. 2. There is need also here to take heed what spirit we be of in our accounting men to be such, as the Lord said to the Disciples, Luke 9. when they pretended Elias example: for, to make a man malicious in taking offence in this respect, so as not to be regarded. 1. It must be a necessary duty that he offendeth at, even the best, as the Pharisees did at Christ's preaching of the Gospel. 2. It must not be out of ignorance or weaknesse that this offence is taken. 3. It must not arise from any personal or par∣ticular account, but from a man's being instrumentall in furthering and advancing the Gospel, and so must be very sib to the sin against the holy Ghost, and therefore ought not to be pretended in our ordinary carriage.

If it be yet said, that they do not stand to offend* 1.1 us, therefore they are not to be regarded by us, when the thing we do is lawfull. Answ. This were to ren∣der evil for evil, whenas we should overcome evil with good; and if it be a sin in them not to care for us in their practices, can it be otherwise in us? and our meeting of them in their untender way, is to har∣den them in it, and bring their bloud on our own head, whereas more tender dealing might edifie them, and, as by heaping coals of fire upon their heads, soften them and make them more pliable.

If it be asked further, what one is to do in such a* 1.2 case when the matter is lawfull and it be withall doubtfull whether it can be offensive or scandalous to any? Answ. 1. Beside the consideration of the thing, we would also consider circumstances of time, person, occasion, &c. 2. We would try what an acti∣on, so circumstantiated, hath formerly been thought of in the case of others in former times; Yea, 3. what use to be our own thoughts of such actions in other persons, if we have not counted them offen∣sive in them? for often men more impartially judge, especially of what is offensive, in the persons of others

than in themselves. 4. The conscience would be re∣flected on what it saith; for often there is a murmur∣ing in the conscience, which sheweth its suspicion, that such a thing is offensive and hurtfull, before it be acted, which is yet often born down by the im∣petuousnesse of mens inclination. 5. Others that may be more impartial, would be tryed; yea, the thoughts of these that we supposed to be the least ten∣der of us are not to be neglected, for often they are most impartial in judging what is offensive. These things may have the more weight to sway one in their determination, because the trial runneth not to know what is duty, or lawfull in it self, but whether or not such a lawfull practice may be done or forborn with∣out wronging the spiritual estate of any. 6. If it continue yet doubtfull whether it be offensive or not, the same rule is to be followed, as if it were doubted whether it were lawfull or not? to wit, It is to be abstained from, because as he that doubteth of the lawfulnesse of a thing, cannot do it in faith, because he knoweth not but it may be sinfull; So neither can he that doubteth whether a lawfull thing be expedient or not, do it with perswasion, because he knoweth not but it may be scandalous to some, and so cannot but be sinfull to him. Lastly, pains would be taken rightly to inform others, and to rectifie them that they may not take offence at things lawfull in them∣selves.

If it be said, that sufficient pains have been taken* 1.3 to inform them already, and that therefore their taking offence is inexcusable. Answ. 1. Men would be∣ware of making this an excuse, for many have great ignorance and are not soon capable of instruction, others have prejudice which is hardly rooted-out; Therefore I conceive it will not be easie to be able to assert an exoneration in this case. 2. If the thing continue to be indifferent (which is the matter con∣cerning which the question is) there can be no terme

set to it: It is the Apostle's word, 1 Cor. 8. 13. If meat make my brother to offend▪ I will not eat flesh while the world standeth. I•…•… the case alter and the matter be∣come necessary by some circumstances, as Daniel's opening of his window did, then that which for∣merly was indifferent, becometh necessary, and it would be offensive to omit it.

It may be further asked, What is to be done where* 1.4 there is a real difference betwixt parties, suppose for a civil interest? for▪ a man, by seeking his own, may irritate another, and, Is there a necessity of abstaining in that case? Answ. 1. There is no question but in some cases a man is to cede in his particular right, ra∣ther than to give offence by a legal pursuit, as when it may occasion the Gospel to be evil spoken of, and harden corrupt men in their ha•…•…ed of the same. On this ground, 1 Cor. 6. the Apostle condemneth their going to Law before infidel Judges, and doth ex∣presly say, ver. 7. Why do ye not rather take the wrong? and suffer your selves to be defrauded? And though the case now be not every way the same, yet we suppose Christians ought to lay weight on this, l•…•…st in their pursuits they give occasion to make the professors of the Gospel to be accounted contentious, covetous▪ &c. And therefore it would seem, that when they contend for civil things, it would be for something of moment at least to the person, which also is clearly, or may be made appear to be clearly theirs, and that after friendly wayes are essayed for attaining satisfaction. 2. We say, it ought to sway Christians in their man∣ner of pursuing differences, so as there be not heat, passion▪ carnalnesse, over-reaching and going beyond one another, nay nor the appearance of these to be seen in their carriage, but still following a civil dif∣ference, with respect to the spiritual good of the ad∣versary, and that in such a manner as may be con∣vincingly evidencing thereof both to him and others. 3. We say, that these cautions being observed, this

doctrine of Scandal will not simply bind up a Chri∣stian from pursuing of a civil difference, because, in some respect, it may be a necessary dutie for a man to recover his own in a legall way, as it is for a man to labour, and otherwise by lawfull means to provide for his Family: for which end God hath appointed Judges and Magistrates to hear complaints, and to rectifie wrongs; and to hear complaints is a main part of their duty, without which humane society would turn like to the fishes of the sea, Hab. 1. There∣fore we would distinguish here betwixt displeasing, yea angering and offending, and would desire rather not to stumble than to please; for there may be anger when there is no offence given, as suppose one should fret because they get not their will vented unjustly on some other in their •…•…rson or estate. In that case, their satisfaction is not their edification, nor their dis∣pleasing their offence; So is it in this case, where a man pursues his own in a due manner, there is no just ground of offence given: because, 1. The thing it self is neither evil, nor hath the appearance of evil, but hath an approbation from God who hath ap∣pointed Magistrates for that end to hear and redresse wrongs, and cannot but be approven by others; yea, the deed it self cannot but be approven in the consci∣ence of him that is offended, seing it is taught to men by nature to keep themselve, from injury, and it is not in things so clearly approven by God, and taught by nature, that offence is given, but where the action is doubted in conscience to be unlawfull, at least▪ as so circumstantiat, which cannot be in this case. 2. It is no offence to complain to a Church-judicatorie of one that offendeth, if it be done in a right manner, though it anger him, because it is a legal allowed way, Therefore neither is it so here. 3. To condemn this, were really to offend many, even those, who from their covetous and malicious humour might clearly be emboldned to wrong others; wherefore we see Paul

and others do approve legall defences for preventing or remedying of hurt, though, no question, malicious opposers were fretted therewith. Yet where two are Ministers, or eminent in profession, we suppose there ought to be more warrinesse, because so necessarily it is implyed, that the one hath the wrong side, which cannot but offend.

It may be further moved, what is to be done when* 1.5 there seems to be an opposition betwixt the command of a Superiour, and the eschewing of offence, so that we must either disobey him or give offence in obey∣ing, as suppose a Magistrate should command to preach upon some pretended holy day: the thing is lawfull upon the matter, but the doing of it is offen∣sive, either by grieving many, or strengthening others in the esteeming somewhat of •…•…hat day? Answ. In that case, the Scandal is still active and given, and therefore no command or authority can warrand one in such a deed: for, as these two worthy Divines (Ames in his Cases of Conscience, lib. 5. cap. 11. and Gillespie in his Dispute of Ceremonies, chap. 7. sect. 5.) observe, no man can command either our charity or our consciences, or make up the hazard of a given of∣fence; and therefore none can command us warrant∣ably to hurt the spiritual good of our neighbour, that being contrary to the command of love that God hath laid on. And we may add, that an indifferent action, being involved with offence, cannot but be in its practising sinfull as it is complexly considered, and therefore cannot be the object of a Magistrats com∣mand more than an action that is sinfull in it self. On this ground, many of the Saints in the last perse∣cution, did choose rather to suffer Martyrdom, than to be constructed to have ceded, or delivered the Bible, and therefore they would not redeem their life by gi∣ving of any piece of paper at the command of the Officers, lest thereby they should have been by others interpreted to have given up their Bible. It is to be re∣membered

that we spake not of displeasing, seing by a Superiours command that may be done, but of Scan∣dalizing, either by strengthening somewhat that is wrong, ot seeming to do so, by wounding the con∣sciences of others, provoking them to judge us, or some such way: And if it were not so, the three chil∣dren▪ Dan. 3. might have escaped the furnace; for, to fall down at the Kings command, was not simply sin∣full (and had they done that, no more had been called for) but to fall down at such a time, in such place, &c. had at least the appearance of evil, and therefore there was no room left for obedience. And, no que∣stion, Ioabs resisting, and in part neglecting of Davids command for numbering of the People, was more ap∣provable than his obedience, yet was the thing lawfull in it self; but considering it as circumstantiat, it tended to foster Davids pride, and to be subservient in that which brought on wrath, Therefore was not to be obeyed to the confirming of him in his sin. The same also may be said, when doing something that is offen∣sive may seem a way to prevent a crosse; for, active offence being ever sinfull in respect of the complex case, it is not to be allowed whatever perill follow, as we may see in Daniels case who would not stumble others by shutting of his window, although it ha∣zarded his own life, and the welfare of the 〈◊〉〈◊〉: And in this case Paul saith, that it were better for him to die than that any should make his glorying void, or make him an occasion for others to stumble upon, 1 Cor. 9. 15. &c.

It may be said, that sometimes the case is so stated,* 1.6 that whatever be done there will be offence, as if Paul take wages, he is called a self-seeker, that is, one that maketh gain of preaching the Gospel, if he forbear, it is said he loveth not the Corinthians, and therefore he taketh not from them; again, some weak Jews are ready to stumble, and not receive the Gospel if he cir∣cumcise not Timothy; others again, are readie to take

advantage and to plead the necessity of the ceremoni∣all Law if he circumcise Titus: It may be asked, what is to be done in such cases? In reference to which we answer, 1. That we would ever look▪ what is most expedient as to edification, it is like it did dis∣please Peter and the Iews more that he did not cir∣cumcise Titus, and the false Apostles that he did not take wages, than if he had done it, yet he did what was most edifying, and of it self aptest to further their spirituall good; and a spirituall discerner will readily find what is most edifying in it self, or in that case, which is to be followed, although it may be most displeasing. 2. Respect would be had to these that are most unbyassed; prejudice possessed the Jews and these corrupt Teachers, and therefore whatever Paul did they stumbled at it; but it is like he had re∣spect to others, and did what might most wipe away the calumnies that were cast upon him and the Gospel by these false Apostles. 3. In such a case, a man would look to what is most denied like, and it is ever safest to sway to that hand, as suppose a man were in hazard upon one side to be thought negligent, if he be not painfull, and even someway rigorous in his deal∣ings with men, as on the other side, covetous, if he be but painfull. It is safest to hazard upon diligence without rigidity, although it should occasion him to be accounted negligent: Because there is least selfi∣nesse on that side, and that hath least to commend it unto mens corruptions. Thus Paul rather hazardeth upon what might follow upon his refusing to take wages than to take them, because taking is of it self more apt to give offence than refusing, and doth not look so single like, and there is not so easie accesse to vindicat that against clamorous mouths. 4. When the offence seemeth to follow both from omitting and committing, Paul chooseth often to commend for∣bearance, as in the cases of forbearing to eat meats, and to take wages, at least, in Corinth, seing he was

otherwise supplied. So, when there is hazard of be∣ing accounted proud on the one side, if men take so and so on them, or live in such and such a rank, on the other side, they may be accounted silly, and of no spi∣rit, if they be short of that; it is yet safest to eschew what may look like ostentation, because the tenta∣tion of self-seeking lyeth neerest that. 5. The pre∣sent state of the time, and the temper of those we live among, would be observed; as sometimes folks are ready to count an indifferent thing necessary, then it is to be abstained from; Therefore Paul would not cir∣cumcise Titus: Sometimes again, the omitting of an indifferent thing may seem to import the condemning of some necessary duty, and therefore Daniel will not forbear his ordinary circumstances in prayer: thus it is to be observed, to what side (to speak so) the tide of offence doth run, and that is to be shuned. 6. The nature of the persons is to be observed, which we have to do with in the mentioned case. Some are weak, So condescending edifieth them, and grieving of them might stumble them at the Gospel; others are perverse, and condescending to them, strengthneth them in their opposition, and so proveth a stumbling to them. Upon this ground, circumcising of Timothy to the weak at one time is edifying, and forbearing thereof had been a stumbling-block: at an other time, and to other persons circumcising had been an offence, as in the case of Titus instanced; and Paul's refusing to circumcise him, was not that he regarded not their stumbling, but that he knew the circumcising of him would puffe them up and strengthen them, and so stumble them indeed, therefore he would not do it.* 1.7

If it be asked, what if the case stand so stated, that do∣ing will offend the weak and tender, no doing will dis∣please and irritate the perverse? as suppose in the case of eating things sacrificed to Idols; or contrarily doing offendeth the grosse, and no doing the tender, what is to be done in such a case? Answ. As there is never

a necessity of sinning, so there is never a necessity that one should fall in an active offence, the offence there∣fore upon the one side must be taken, and that is not to be regarded in comparison of the other. As sup∣pose in some cases the weak be really offended, and the perverse are but irritated, in that case their irrita∣tion is not to be stood upon: for often they are really edified when they are dissatisfied, as in the instance proposed; eating of things sacrificed to Idols, was really offensive to the Godly, as being ready to draw them to sin, but though it might possibly displease others that the Believers did not eat with them, yet was there nothing in that deed of it self apt to stumble them, and induce them to sin; Again, sometimes the Godly are displeased, and the perverse and profane are really stumbled, as when Paul refused to circum∣cise Titus, it is like his not doing thereof did really displease many godly Jews that were zealous in the Law, yet his doing of that had really been a stum∣bling to many corrupt Teachers who did teach the necessity of circumcision, and would have been con∣firmed by that practice. Therefore Paul will rather displease the godly Jews than stumble the pro∣fane Teachers by a deed which had also been a reall stumbling unto the Jews. This then is the first rule, to wit, that we would look well upon what side the active offence lieth, and upon what side the displea∣sure only, and to choose the eschewing of offence, who ever be displeased. 2. When the thing is in it self in∣different to be done, or not to be done, it is safest to forbear whoever be displeased▪ as we see in the in∣stances given, Paul inclineth still to forbearance, he forbore to eat flesh, and to circumcise Titus, and to take wages, &c. when the case is so stated, because whoever be displeased, that is not of it self so inductive to sin, as doing is, Which either doth strengthen others to do doubtingly upon our example, or to judge us for doing what they account sinfull, or some such like.

Indeed, in some cases where there is no hazard of Of∣fending by doing, we may do what is indifferent to prevent the irritating of any, that so there may be the greater accesse to edifie them: And therefore, Act. 16. 2. Paul will circumcise Timothy, lest he make himself ungracious to the Jews in those parts; yet, had there been any there to take advantage from that to confirm their errour, he had not done it, as in the other in∣stance of Titus doth appear; for so it had not been an offence, but somewhat which was displeasing to those Jews. Yet, 3. supposing it to be so, that neither have ground, but both may be displeased, Then the tender are to be respected, and the preventing their offence is to be preferred. 1. Because they are displeased out of conscience, and that is wounded; others are but irritat in respect of some lust, and so it is displeasure simply to them, but it's offence to the other, because on a ground of conscience they are displeased. 2. The Lord is most tender in the grieving, or not grieving of the godly (as is clear, Matth. 18▪) Therefore ought we to be so also. Hence the Prophet professeth, 2 Kin. 3. 14. that had it not been respect to Iehosaphat, he had not stood much on the displeasing of others; or, suppose some prophane person should be displeased, because a man doth not drink so much, (although it be not inconsistent with moderation) and suppose some tender person should think his drinking thereof inconsistent with sobriety, I say, in that case he should respect the last, because this offence doth flow from a ground of conscience. Lastly, it would be looked to in such a case, what may be most in the upshot or event for edification, supposing there should be in∣volvements on all hands; for some things being compared may be better discerned, than when they are abstractly considered in themselves; Now, edifi∣cation and offence do never lie upon one side: there∣fore if it be found that such a thing comparatively be edifying, it is to be done, and what seemeth to oppose it, is not to be accounted offence.

Notes

• * 1.1

  What, when men stand not to offend us?
• * 1.2

  What, when the matter is lawfull & the offence doubtfull?
• * 1.3

  What, if sufficient pains have been taken to inform?
• * 1.4

  What to be don whe•…•… there is a real 〈◊〉〈◊〉 be∣tw•…•…xt p•…•…r ti•…•…, upon account of a civil in∣terest?
• * 1.5

  What, when the Com∣mands of Magistrates and Offence are in oppo∣sition?
• * 1.6

  What is t•…•… be done in a case when of∣fence is like to follow on either side.
• * 1.7

  What, when doing will offend the weak and tender, and irritate the perverse, & contra.