A Christian Directory, Part 3: Christian EcclesiasticsBaxter, Richard
Religion
A Christian Directory, Part 3: Christian Ecclesiastics
Baxter, Richard
Casuistry; Christian sociology
I have declared my own opinion _de nomine_ fully elsewhere, 1. That
the definition of a law in the proper, general sense, is to be a sign
or signification of the reason and will of the rector as such, to his
subjects as such, instituting or antecedently determining what shall
be due from them, and to them; _Jus efficiendo_, regularly making
right.
2. That these laws are many more ways diversified and distinguished,
(from the efficient, sign, subjects, matter, end, &c.) than is meet
for us here to enumerate. It is sufficient now to say, 1. That stated
regular laws, as distinct from temporary mandates and proclamations.
2. And laws for kingdoms and other commonwealths, in regard of laws
for persons, schools, families, &c. 3. And laws made by the supreme
power, as distinct from those made by the derived authority of
colleges, corporations, &c. called by-laws or orders (for I will here
say nothing of parents and pastors, whose authority is directly or
immediately from the efficiency of nature in one, and divine
institution in the other, and not derived efficiently from the
magistrate or any man). 4. That laws about great, substantial matters,
distinct from those about little and mutable circumstances, &c. I say
the first sort, as distinct from the second, are laws so called by
excellency above other laws. But that the rest are univocally to be
called laws, according to the best definition of the law _in genere_.
But if any man will speak otherwise, let him remember that it is yet
but _lis de nomine_, and that he may use his liberty, and I will use
mine. Now to the question.
1. Canons made by virtue of the pastoral office and God's general laws
(in nature or Scripture) for regulating it, are a sort of laws to the
subjects or flocks of those pastors.
2. Canons made by the votes of the laity of the church, or private
part of that society as private, are no laws at all, but agreements;
because they are not acts of any governing power.
3. Canons made by civil rulers about the circumstantials of the
church, belonging to their office, as orderers of such things, are
laws, and may be urged by moderate and meet civil or corporal
penalties, and no otherwise.
4. Canons made by princes or inferior magistrates, are no laws purely
and formally ecclesiastical, which are essentially acts of pastoral
power; but only materially ecclesiastical, and formally magistratical.
5. No church officers as such, (much less the people,) can make laws
with a co-active or coercive sanction; that is, to be enforced by
their authority with the sword or any corporal penalty, mulct, or
force; this being the sole privilege of secular powers, civil, or
economical, or scholastic.
6. There is no obligation ariseth to the subject for particular
obedience of any law, which is evidently against the laws of God (in
nature or holy Scripture).
7. They are no laws which pastors make to people out of their power:
as the popes, &c.
Public-domain text, read in full here on John Shaqi.
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