The divine right of church-government and excommunication: or a peacable dispute for the perfection of the holy scripture in point of ceremonies and church government; in which the removal of the Service-book is justifi'd, the six books of Tho: Erastus against excommunication are briefly examin'd; with a vindication of that eminent divine Theod: Beza against the aspersions of Erastus, the arguments of Mr. William Pryn, Rich: Hooker, Dr. Morton, Dr. Jackson, Dr. John Forbes, and the doctors of Aberdeen; touching will-worship, ceremonies, imagery, idolatry, things indifferent, an ambulatory government; the due and just powers of the magistrate in matters of religion, and the arguments of Mr. Pryn, in so far as they side with Erastus, are modestly discussed. To which is added, a brief tractate of scandal ... / By Samuel Rutherfurd, Professor of Divinity in the University of St. Andrews in Scotland. Published by authority.

Whether or no things indifferent can be commanded because indifferent?

WHat ever things are commanded under the tenor of things indifferent, and yet are not indifferent, are not lawful, nor can be in reason commanded: for so should they be of their nature both indifferent, and not indifferent: But humane Ceremonies are sush; Ergo, they are not lawful.

Indifferent things Basilius calleth them 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Nazianz. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; so Laertius, and Gellius saith the same of them. Things indifferent cannot be good, but essentially neither good nor ill, and if they be not good, they cannot be apt to edifie, and so fall not within the compasse of things which can be commanded by Rulers.

There is a twofold matter of a Church constitution, the one remote, the other nearer: The remote matter of Church constitutions are things indifferent, to wit, mens actions and the circumstances thereof; and so they are the matter of Gods Laws; for all our actions Physi∣cally

considered to know, believe, will, love, joy, fear, speak, walk, laugh, &c▪ are indifferent in themselves▪ but God in the Law of Na∣tu••••▪ and his positiv•• Div•••••• Law ••••th 〈…〉〈…〉d•• ••••••m ••••••d 〈…〉〈…〉i•• 〈…〉〈…〉 put ••is d〈…〉〈…〉 ••••gal upon th••••▪ 〈…〉〈…〉 a•• it is such, can be the nearest matter of any Church-constitution: No wise man would say that the Church might make a Law, that all should cast stones in the water; yet▪ God might make a Law thereof. For what actions hath no good, nor lawfulnesse, nor aptitude to edisie in themselves, these th•• will of man can never make good, lawful, and apt to edifie, because onely God, whose will is the prime rule of all goodnesse, can create moral goodnes in actions: not to eat of the fruit of the tree of knowledge, is only good, because God hath so appointed in his Law▪ and to eat of the fruit of that tree, had been as law∣ful and just, as not to ••a••••, if God had commanded eating thereof, under ••r••mises and threatnings▪ 6. Hence •••• followeth that all acti∣ons and circumstances of their nature indifferent, must lose that indif∣ferency, and receive from God some goodnesse, and aptnesse to edifie, before they can be the reasonable and nearest matter of any Civil or Ecclesiastical constitution; because what rulers can in Law and rea∣son command, that they must will as good and apt to edifie▪ before they can bind others to will it. But neither the will of a ruler▪ nor the will of any other can lawfully will a thing indifferent, as it is such: for a thing indifferent as it is such, is neither good nor evil, and the ob∣ject of the will is alwayes good. 3. Rulers commandeth as Gods Ministers for our good, Rom. 13. 4. Ergo, the means and actions injoyned for the compassing of this end must be good, for if the end be good, the means as the means must be good; Ergo, they cannot be indifferent.

Things indifferent cannot be enacted as a L••w, except they were indifferent to all, to both weak and wilful; for remaining evil to some they are scandalous, and cannot be commanded, except rulers would command sinful actions.

The Apostles would make no Laws at all of things indifferent, except in the case of scandal, neither can our Ceremonies be indif∣ferent. 1. Because they are sacred mystical signes teaching us some duties to God. 2. They are worship, and means tending to the honour of God, and being used for the honour of an Idol, as they are used by us, they should be the religious honour of an Idol. 3. They are pre∣tended

to be means apt to edifie. Ergo, They are not in their use indiffer∣ent. 4. The use of Ceremonies are Moral actions of man, not warrant∣ed by Gods Word. Ergo, They are unlawful, and so not indifferent. If then nothing be good, because Rulers command it; but, by the contrary, they do lawfully command it, because it is good. The Churches power, is one and the same, in things indifferent, and necessary in matters of Doctrine, Dis∣cipline, and Order; for in both, the Church doth not create goodnesse, but doth by the Light of the Word, or (which is a part of the Word) by na∣tures Light, finde pre-existent goodnesse in Doctrine, Discipline, and mat∣ters of Order. Therefore Will of Authority, as Will, hath no power to dis∣pose of the least Circumstance of time, place or person; but the Churches power is Ministerial, and determined to what is good, expedient, and con∣venient.

Object. Humane Actions according to their specifice nature may be indifferent in Gods Worship: For example, to pray to God in the morning, in your Bed, or out of it; in the House, or in the Fields; to Preach the Word in thi••, or that habit, in a Gown, or in a Cloak; these are actions in their kinde indifferent, because they are neither commanded, nor forbidden; for that is according to the kinde of action good, which is so commanded of God, that it is unlawful to neglect it, or to do any thing repugnant to it, as to love God and our Neighbour; and that is evil according to its kinde, which is so forbidden by Gods Law, as it is not lawful to do it, or command it in any sort; so it is evil to blaspheme God, to commit adul∣tery. So Forbs.

Ans. In the Field, or in the Bed, Cloathed with Gown or Cloak, when we Pray or Preach, are meer Accidents and Circumstances of praying and preaching, and we grant them to be variable and indifferent; howbeit, they admit of Regulation Moral, and so are not simply indifferent; for to pray in the Fields and Streets, to be seen of men, is vain glory. But I hope they are not indifferent in your meaning, as are Surplice, Holydays, &c. For you will not say the Church may make Laws that no Prayers be but in the Fields, no Preaching except the Preacher be cloathed with a Cloak. 2. It is not good Logick to say, `To pray in House or Field, is an action according to its kinde, neither good nor evil; when as it is an individual action, contracted to such a place, House or Field, because Field or House are in∣different in Prayer. To pray is not indifferent according to its kinde; be∣cause Accidents of Actions are indifferent; it followeth not that the action is indifferent, for then the Doctors Opinion, maketh an Act of loving God, and beleeving in Christ, indifferent in its kinde; for it is as indifferent to love God in the Field, as in the House, and to love him while you are cloathed with a Gown, as with a Cloak: As it is indifferent to pray, in House or Field, cloathed with Gown, or Cloak; so to love God, and the most necessary actions in the world hic & nunc, in this time or in this place, shall

be actions according to their nature, neither good, nor evil, but indifferent, which is against the Doctors own Distinction. 3. Place or habit doth not constitute Praying, and Preaching in their specifice nature; that were a wonder; for their Objects do constitute their nature, and their Objects are God and Gods Word; and if they be indifferent according to their nature, it shall be indifferent to pray to God, or to some other thing, possibly an Idol. Nay, if Actions good of their own nature, such as to Pray, or Preach, be made indifferent according to their kinde, because cloathed with indif∣ferent Circumstances of time and place, and habit; then by that same reason, Actions of their own nature evil, as to murther, commit adultery, should also become indifferent, from these Circumstances; then should it be indifferent to kill in House, or Field, and indifferent according to its kinde, which is most absurd.

Object. Howbeit it be objected, that every voluntary action is either honest, or not honest, yet there are some things honest, that are indifferent and free▪ For there are two kindes of honest things, 1. Some honest and necessary things, as all the duties commanded in Gods Law, the contrary of these polluteth a man before God, and they are formally, positively, and inclusively laudable, and commendeth men before God, and are rewarded. This way every voluntary action is not either honest, or unhonest; for there is a middle betwixt these two, to wit, something honest and lawful, but not necessary, but morally free, as Marriage, which com∣mendeth not a man to God, so that he is therefore rewarded; neither doth the contrary, to wit, non-marriage pollute a man before God, or is blame-worthy, because marriage is onely negatively honest, Honestum irreprchensibile, honestum ex∣clusive, & honestum per compossibilitatem cum honesto formali & positivo. So marriage is neither positively honest, nor unhonest, but free morally. Neither is marriage necessary by absolute necessity, or necessity that toucheth the action; for men may marry, and not to marry is no sin, onely marrying is necessary by a conditional necessity, 1 Cor. 7. 39. A Widow is free to marry whom she will, but with this condition, That she marry in the Lord; the necessity toucheth not the action, but the manner of the action. And this necessity of the manner or goodnesse of the action of marriage, doth not make the action necessary, but leaveth it as free to men to marry, or not to marry; and so there are some actions according to the spece or nature, that are indifferent, and not unhonest, yet lawful. So Doctor Forbs.

Answ. 1. Marriage hath something in it natural, even before the Fall. It was naturally good, that man should not be alone, and this way, before, and after the Fall, Marriage in the ground that maketh it neces∣sary, which is an aptitude and inclination to procreation, is most necessary; and so now, after the Fall of man, all that burneth and marr••e••h not, de∣spiseth Gods remedy of lust, and sinneth; and so by necessity of Gods com∣mand in the Law of nature, and repeated by the Apostle, 1 Cor. 7. 2, 9. it is necessary in individuo: And although, that which is meerly natural in marriage, as the Act of marriage according to the substance, be not formally laudable, and rewarded, because of the naturality thereof; yet

it is not for that free or indifferent. 2. And when the Doctor saith, That marriage is indifferent in its nature▪ and free; so that there is no ne∣cessity of the action, but onely of the goodnesse of the action, he speaketh wonders: For howbeit, marriage be indifferent by a Metaphysi∣cal indifferency of contrahibility to such and such persons, because marri∣age may be in some, without sin, and no marriage may also be in other some, without sin; and so praying is indifferent; it is in some without sin, and not praying is in some also without sin, when the man is necessitated to some other action, either Civil, Natural or Supernatural; yet marriage is not Morally or Theologically indifferent: So as to marry, or not marry, is a matter of a mans free choice, and of his own free▪ will not obnoxious to any binding Law, as is kneeling, not-kneeling, crossing, not-crossing, in the minde of our Adversaries. 1. If it were morally indifferent to marry, or not to marry, Rulers might make Laws either commanding all to mar∣ry, or none to marry, or some to marry; some not to marry, which were no small tyranny, and the very doctrine of Devils. 2. The gift of Continency, is to some a commandment of God, that they marry not, and burning is to some a commandment, obliging them in conscience to marry, else they sin; therefore to marry, or not to marry, is necessary to all men, or then unlaw∣ful, and so not indifferent, as our Divines teach against Papists, their Supererogatorie Works. The Lords calling of any to suffer for his Truth▪ is instead of a command of God; though the man might be saved, though he suffer not for the Truth. 3. If there be no necessitie in marrying, but onely conditional in the manner o•• marrying, then all mankinde without sin might abstain from marrying, which it most absurd. 4. The place 1 Cor. 7. 39. saith not, that a Widow is under no necessitie of marrying, but onely under a necessity of well and spiritual marrying. For the libertie that the Widow hath there, is not, that it is indifferent to her to marry, or not to marry; for since our Adversaries teach, That Rulers may make Laws in things indifferent; they might then make a Law that no Widows shall marry, which were vile tyrannie. But the libertie that the Widow hath to marry whom she will, is opposed onely to a Law and Obligation Matrimonial, that she was under, while her Husband did live. And the words clearly speaketh onely of thi•• freedom, not of Moral freedom of indifference, from all Law of God necessitating her to marry: The Wise is bound by the Law, as long as her Husband liveth; but if her Hus∣band be dead, she is at liberty to marry whom she will, onely in the Lord. But there are no smal oddes betwixt libertie to marry this or that man, because the Husband is dead, of which libertie onely the Apostle speaketh; and liberty, and indifference without all restraint of Gods Law

to marry at all, or not to marry: This latter libertie, the Scripture speak∣eth not of, onely the Doctor alleageth it.

Object. Kneeling at the Sacrament, howbeit, antecedente and immediately it be necessary by Gods Law; yet consequently, and by the mediation of lawful Authority, it is now necessary to us, not by necessity of the thing it self, but by necessity of obedience, order, and peace; and so according to the practice, it is for the time necessary by Gods Law, and cannot be omitted without sin. So Forbes.

Answ. Necessitie of obeying the Church can make nothing necessary and good, for the Church commandeth it, because it is necessary and good, and it hath not goodnesse, necessitie and aptnesse to edifie from mens will, and the Churches commandment. 2. I ask if no kneeling, now in Scot∣land laying aside the respect of Authority and Law, be in it self undecent, and unapt to edifie; if not, then the Church hath no more ground and rea∣son for order and decency in our Ceremonies (for what I say of one, hold∣eth true in all) then there is for the want of Ceremonies; and if that be true, the sole will and lust of Authority maketh our Ceremonies lawful: What can Romish impudence give more to the Man of sin? But if there be unorderlinesse and indecency in our Ceremonies, then kneeling now must be sin, even laying aside the respect of Humane Laws. 3. It is strange Divinity, That that which is no sin, of it self, cannot be omitted with∣out sin, for the sole will and pleasure of men. Humane Authority then may make it sin, not to rub our Beards, not to claw our Heads, when we come to the Church to hear Gods Word. If Humane Authority can make an indifferent Act lawful, and the omission of it, sinful; they may make all the indifferent Acts in the World lawful Acts, they might then make piping, leaping, laughing Acts o•• Divine Worship, and might make a Decalogue of their own: And if they may make an indifferent Act to be sin, if it be omitted, they may by as good reason, make sinful Acts, as Adulterie, Incest, Murther, Robbery, to be lawful Acts; For if mans in∣hibiting will be the formal reason of sin, then his commanding will must be the formal reason of obedience: And so Rulers might command Mur∣ther, Robbery, Incest, Blasphemy.

Object. We may perform an individual act coming from deliberate will, and that without sin, and we may omit the same without sin: Whether we practise these in∣different actions, or omit them, we should refer both practice and omission to Gods glory; and these actions we call indifferent or free, (as indifferent and free is op∣posed to that which is morally necessary) which are either necessary to be done, or necessary to be omitted, by necessity of a Divine Law▪ Howbeit, every action that is not of Faith be sin, Rom. 14. 23. Yet the faith whereby I beleeve this action is necessary, and must be done, is not necessary to the eschewing of sin. But if I do it, that I do it in Faith, and for Gods glory, is necessary; but the necessity of the goodnesse of the action doth not make the action necessary; for it were to lay a yoak of continual doubting upon mens conscience, if they should beleeve every

individual act, that they do, to be necessary; for whether should they turn them, while they think of doing, or not doing these actions, that they know to be com∣manded by no Word of God? That a Widow marry in the Lord, if she marry, is necessary; but it is not necessary, that she marry, but it is indifferent to her, to marry, or not to marry. Doctor Forbes.

Answ. It is a contradiction, that an action individual, should be indif∣ferent, and so neither good, nor evil, and yet done in Faith, and referred to Gods glory: For the ground of doing, which is Faith, and the end, which is Gods glory, are individual properties necessarily concurring to the in∣dividuation of the Action Moral. 2. An action individual, that is meer∣ly indifferent, and so without sin may be performed, without sin, or omitted without sin, cannot be an action of Faith referred to Gods glory: For what may be done without sin, and may not be done without sin, is a will-action, and wanteth all necessitie of reason, and so is an idle and sinful action; but a sinful action may be done in fancy, but in Faith it cannot be done; it may, in the vain intention of the doer, be referred to Gods glory, In in∣tentione erronea operantis, but ex conditione operis, according to the nature of the work it serveth not for Gods glory. This way to cast stones in the water, should be of Faith, and referred to Gods glory: But shall I beleeve I am doing in Faith, and glorifying God, when I am casting stones in the water, and I have as good reason not to cast at all? If one wil∣action that may be done, and may not be done, may be of Faith, and referred to Gods glory, then may they all be of Faith, and referred to Gods glory: This is a laughter, rather then Divinitie. 3. I cannot be∣leeve that an action that hath as good reason to be omitted, as to be done, can be acceptable to God, because I have no ground for my Faith; for my Faith here leaneth neither on Scripture, nor on Reason, but there is no reason why the action should rather be, nor not be, because it is indifferent; yea, crossing and kneeling of themselves shall be of Faith, because I be∣leeve them to be of Faith: But it is a vain thing to say, that Faith maketh its object. 4. There are no actions in the World, but they have all their Moral necessitie from their intrinsecal goodnesse: For from whence is it necessary to love God, but from the intrinsecal goodnesse, that the love of God hath from Gods command? For there is no necessitie an action to be at all; yea, it is idle and superfluous, if there be no goodnesse in it at all. If then crossing and kneeling, (laying aside the respect of Humane Laws commanding them) have no necessitie Moral, from any Commandment of God, why they should be at all, their necessitie must be all from mans will: this is tyranny in Rulers, for their sole pleasure to command, under the heaviest pain, things that have no necessitie at all, but their will. 5. Neither is it any yoak to mens conscience, to square all

their Moral Action by Gods Word, and so to see (according as it is Written) before they vanture upon any Action Moral. It is libertie to keep Gods way accuratel.

Object. In general, no particular action is necessary, the goodnesse whereof that is commended and rewarded of God, may ••s well be had by the omission of that action, or by an other action, as by the doing of it; but such an action in the in∣dividual use is true, and indifferent; but i•• the goodnesse necessary cannot be had at all, without that particular action, then the action in the individual use is neces∣sary, although according to its nature, it be possibly indifferent. So to us now to kneel at the Supper, is necessary, that we may obtain the necessary good of due Obedience, and decent Vniformity, and eschue the contempt of Anthority, Schism, and Confusion. Forb••.

Answ. 1. By goodnesse here, the Doctor meaneth, Concomitant and general goodnesse, which maketh not the action necessary to be done, and so it hath no goodnesse intrinsecal, but is an idle action, and yet it may be done, or not done without sin; and when it is done, it is done upon no other motive, but the meer will and pleasure of the doer: We have hereby the Doctors learning, Such an idle action done in Faith, and done for Gods glory. 2. All our Ceremonies in their use, crossing, kneeling, wearing of Surplice, have no intrinsecal goodnesse, no internal moral equity of Order, Decency, and aptnesse to Edifie, wherefore it is necessary they should be done; the doing of them in Faith, and for Gods glory, may be obtained as well by no••••-kneeling, none-crossing, none-Surplice. This is no small dash to the credit of Pearth Assembly; for they saw no goodnesse in the Articles, but that which as well might have been obtained without them. Hence except the goodnesse of pleasing King James, they had no more reason for the Ceremonies, then to make an Act that all Ministers shall go to the Foot-Ball, the third day of May. 3. Then the meer pleasure of the King hath made kneeling necessary; and good obedience to the fifth Command∣ment, mens will as will so is the onely formal reason of obedience to the ten Commandments, or disobedience. 4. Then we may of Faith, and for Gods glory, refuse the Ceremonies, if it be the Kings Will; and in that point, the fifth Commandment standeth or falleth at the nod of the Kings Will. Such Mercenary Divinitie becometh not the lovers of Reformation.

Object. There is a twofold maline in actions, One thar layeth a moral impedi∣ment on the act, so that it cannot be performed without sin: So to eschue the ma∣lice that is in adultery, we must eschue the act of adultery; this malice polluteth the act, and should binder the act: There is another malice that polluteth the act, but doth not morally hinder the act, As when one feedeth the poor for vain-glory, vain glory polluteth the act, but hindereth it not: Vain-glory should be laid aside, and the poor fed. If one kneel at the Supper, thinking it not lawful to kneel before Creatures, his kneeling is evil; but the evil in it doth onely pollute the act, and make it finful, but doth not morally hinder kneeling, because contumacio••s ignor∣ance,

pride, and contempt of Authority should be laid aside: Men should be docil, and see the law fulnesse of it, and obey the Church. Forbs.

Answ. In things indifferent, the very malice adhering to the practice of them, howbeit, it adhere not inseparably to them, maketh the practice damnable: For eating Rom. 14. before a weak Brother, whose weaknesse might have been removed, if he would be docil, and know that their is no creature now unclean, is murther, Rom. 14. 14. Therefore, suppose all the Kings and General Assemblies on Earth, should command one to eat in that case, before the weak Brother, they were to be disobeyed; and so the Doctor freeth us, that we cannot kneel at the Lords Supper. 2. Rulers may not make laws of things having no necessitie of Goodnesse, Decency, and aptnesse to Edifie, and onely good, because they will, when they see of necessitie, these laws shall inevitably ruine many souls; for that is to have more regard to their own will, then to the salvation of peoples souls, whereas even Christ pleased not himself. 3. Many weak are uncapable of all Reasons or Arguments that can free our kneeling of Idolatry. Ergo, They should abstain, and not kneel with a doubting conscience; better not eat as eat, with a doubting conscience, Rom. 14 23. 4. Pride and contempt are onely seen to God: Prelates have no place to punish heart-acts, they are to prove by two Witnesses, the Malice, and Pride, and Contempt of Authoritie; but this is invisible to mens eies, refusal of obedience to Ca∣nons touching indifferent things, the necessitie whereof (as the Doctor must say) cometh onely from mans will, cannot be contempt: The neglect of a command of God, is indeed a virtual contempt of the Majestie, Authoritie, Power, and Justice of God, because a command of God hath Essentially, Equitie, and Justice in it, from Gods commanding Will: But a command of a thing indifferent, that may as well, without sin be left undone, as done, (as our Doctor saith of our Ceremonies) can never have equitie or good∣nesse from Humane Authoritie; and I never contemn Humane Authori∣ti••, except I contemn the just Laws made by Humane Authoritie .

Object. Of things alike lawful and convenient; for example, sitting at the Lords Table, or not sitting, we are bound to the one rather then to the other, for lawful Authorities command; for conveniency and goodnesse in external circunistances standeth not in such an indivisible point, but there may be circumstances good, bet∣ter, and best; a gesture, a day, a habit, may be so good and convenient, as another gesture, another day, another habit, are as good and convenient▪ in which case, either no habit, no day, no gesture at all, shall be in Gods Worship, which were impossible; else of two Circumstances, both of three degrees of goodnesse, one shall be chosen by the sole Will of Authority; and so people must follow one or∣der,

rather then another as good, for the sole Will of Authority, without any pre∣valent reason in the thing commanded.

Answ. 1. In such a case as that, where two Circumstances, both of three degrees of goodnesse occurreth, Rulers can reasonably tie people to neither, but leave it alternatively, to their liberty; for why should liberty be restrained, where necessity of order, and deceney, doth not necessitate the Rulers will? 2. In such a case the Rulers will, as will, should not be the formal cause, why one is enacted rather then another; but the Rulers will led by a reason from conveniency, and so there were a prevalent reason, for the one rather then the other. 3. I deny that such a Metaphysical case of two things every way of alike conveni∣ency can fall out, as the matter of a grave and weighty Church-constitution; For na∣tures Light, rules of Prudence, Prety, Charity, and Sobriety shall ever finde out, and dis∣cover an exsuperancy of goodnesse and conveniency, of one above another. 4. Granting there be three degrees of▪ goodnesse and conveniency in fitting, and two degrees of goodnesse and conveniency in kneeling, in this case the object necessitateth the Rulers will to com∣mand fitting, and refuse kneeling. 1. Because good being the formal object of a reasonable Will, in both Rulers and people; that which partaketh more of the nature of Good, is first to be chosen. Ergo, The Rulers will is determinated and morally necessitated to a cir∣cumstance of three degrees, before a circumstance of two degrees; and we obey for the good∣nesse of the thing commanded, and not for the will of the Rulers. 2. If people obey, and so embrace a Circumstance of two degrees, and refuse a convenient circumstance of three degrees; they either make this choice for the goodnesse and conveniency of the Circumstance, or for the meer Will of Authority; the former cannot be said, because of two Goods, known to be so, the one of three degrees, and the other of two degrees; the Will cannot rea∣sonably choose the lesse good, because a lesse good known as a lesse good, is evil, and the Will cannot reasonably choose known evil: A lesse good is a good with a defect, and so morally evil; if then Rulers cannot choose evil, they cannot reasonably command others to choose it; if the latter be said, the choice of people is reasonlesse, and their conscience resteth upon the meer Will of▪ Authority, which is slavish obedience. How are we then bidden, try all things?

Object. In matters plainly determined by Scripture, Rulers are to follow the Word of God; but in matters circumstantial or indifferent, where Scripture saith nei∣ther for the one side, nor for the other, what Rulers thinketh good, is to be follow∣ed, there being no evil nor impiety in that which they command.

Answ. 1. This is to make Rulers in matters of Salvation lyable to the Scriptures of God; but in matters which men call indifferent to make them Popes, and to hang our con∣sciences upon their sleeve, which is most absurd. 1. Because Paul in matters most indiffer∣ent of dayes, and meats, would not have the Romans to hang upon his judgement, but will rule both their practice, and his own, by the Law of nature. Murther not, Scandalize not. 2. What Rulers thinketh good is not a rule for Constitutions, and for peoples obedi∣ence in matters circumstantial; but the rule of Rulers here in making Laws, and of people in obeying Laws, is goodnesse it self, Order, Decency, aptitude to Edifie, in things that they command; for it were strange, if in matters, that they call of salvation, not thoughts, but the Word of God should rule and square Canon-makers, but in matters indifferent, their thoughts should be a Law. 3. Scripture and the Law of nature, and right reason, which is a deduction from Scripture, is able sufficiently in all Canous and Constitutions to regulate both Rulers and people, and to determine what is conventent in Circumstances; and the Lord here is an infallible Judge, speaking in his Word, as he is in all matters, which they call Fundamental; yea, the Scripture shall be imperfect in the duties of the second Table, if it do not determine what is active scandal, or soul murther, as it doth determine what is Idolatry, what is lawful Worship.

Notes

• Course of conformity pag. 115. Indifferent things as such not the matter of a Churrh constitu∣tion.
• Doct. For••. in Ireni. l. 1. c. 12. num. 13.
• Actions are not indiffer∣ent, be∣cause their cir∣cumstan∣ces are indiffer∣ent.
• D. For∣besius in Irenic. l. 1. cap. 1. 3. fig. 15.
• Marry∣ing not indiffer∣ent, as the Do∣ctor sup∣poseth.
• Indiffer∣ence Me∣taphysi∣cal and Theolo∣gical.
• Doctor Forb. 16. num. 17.
• Necessi∣ty of o∣beying the Church, in things onely necessary for the Churches Com∣mand∣ment, is neither a lawful, nor an oblig∣ing ne∣cessity.
• Doctor Ferbes.
• Actions indivi∣dual meerly indiffer∣ent, can∣not be done in Faith.
• Doct. Forbes. I∣ren▪ ••. •• c. 13. hg. 11.
• Doct. Forbes.
• Forbes. ib. n. 13. The un∣lawful∣ness even insepara∣bly ad∣hering toactions that are indiffer∣ent, maketh them un∣lawful.
• Suarez, tom. de legib. l. 3. c. 18: Forma∣liter au∣tem cō∣mittitur hoc vitiū (con∣temptus) quando ex▪ dire∣ctâ in∣tentione ad hoc a∣liquid∣fit, ut al∣ter despi∣ciatur, aut despi∣ci osten∣datur. Vasquez, tom. 2. disp. 158. cap. 4. Con∣temptus est in so∣là directâ intentione non parendi, in qua est speciale mandatum inobedientiae, qua quis directo animo non obedit superiori, ut ei directe opponatur ex dedignatione quadam, quam habet, quod ei subditus sit. Aquinas 22. q. 168. art. 9. 3. Contemnere est nolle subjici legi ex superbia.
• How ex∣superan∣cy of ne∣cessity of goodness is to sway the will of Rulers and peo∣ple.
• 1 Thes. 5. 21. 1 Ioh. 4. 1.
• The will of Rulers not a law to us in things indiffer∣ent.