A Christian Directory, Part 3: Christian EcclesiasticsBaxter, Richard
Religion
A Christian Directory, Part 3: Christian Ecclesiastics
Baxter, Richard
Casuistry; Christian sociology
Those that think an oath in lawful things, obligeth not
contrary to the magistrate's antecedent or subsequent command, are
moved by this reason, That else subjects and children might by their
vows exempt themselves from obedience, and null God's command of
obeying our superiors. 2. Those that think a vow is obligatory against
a magistrate's command, are moved by this reason, Because else, say
they, a magistrate may at his pleasure dispense with all vows, except
in things commanded before by God: for he may come after and cross our
vows by his commands, which, against the pope's pretensions,
protestants have denied to be in the power of any mortal man. And God,
say they, hath the first right, which none can take away. I must not
be forward in determining where rulers are concerned; only to those
that may and must determine it, I add these further materials to be
considered of.
1. It is most necessary to the decision of this case, to understand
how far the inferior that voweth was _sui juris_, and had the power of
himself when he made the vow, as to the making of it, and how far he
is _sui juris_ as to the act which he hath vowed; and to that end to
know, in a case where there is some power over his act, both in his
superior and in himself, whether his own power, or his superior's, as
to that act, be the greater.
2. It is therefore needful to distinguish much between those acts that
are of private use and signification only, and those that
(antecedently to the ruler's command) are of public use and nature, or
such as the ruler is as much concerned in as the inferior.
3. It is needful to understand the true intent and sense of the
command of our superior; whether it be really his intent to bind
inferiors to break their vows, or whether they intend only to bind
those that are not so entangled and pre-engaged by a vow, with a tacit
exception of those that are.[77] And what is most just must be
presumed, unless the contrary be plain.
4. It must be discerned whether the commands of superiors intend any
further penalty than that which is affixed in their laws: as in our
penal laws about using bows and arrows, and about fishing, hunting,
&c.; whether it be intended that the offender be guilty of damnation,
or only that the threatened temporal penalty do satisfy the law; and
whether God bind us to any further penalty than the superior
intendeth.
5. The end of the laws of men must be distinguished from the words;
and a great difference must be put between those forbidden acts that
do no further harm than barely to cross the letter of the law, or will
of a superior, and those that cross the just end of the command or
law; and that either more or less, as it is more or less hurtful to
others, or against the common good: for then the matter will become
sinful in itself.
6. Whether perjury, or the unwilling violation of human laws, be the
greater sin, and which in a doubtful case should be most feared and
avoided, it is easy to discern.
Public-domain text, read in full here on John Shaqi.
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