A Christian Directory, Part 4: Christian PoliticsBaxter, Richard
Religion
A Christian Directory, Part 4: Christian Politics
Baxter, Richard
Casuistry; Christian sociology
5. And between going to law when the hurt is like to be greater than
the benefit, and going to law when it is likely to do good. There is a
great deal of difference between these cases.
_Prop._ I. Christians must rather suffer wrong, than go to law
before the enemies of religion, when it is like to harden them, and to
bring christianity into contempt.
_Prop._ II. It is not lawful to make law and justice the means of
private unlawful revenge; nor to vent our malice, nor to oppress the
innocent.
_Prop._ III. Whenever I am bound to forgive the trespass, wrong,
or debt, then it is unlawful to seek my own at law. For that is not
forgiving.
_Prop._ IV. There are many other remedies which must first be
tried (ordinarily) before we go to law. As,
1. To rebuke our neighbour for his wrong, and privately to desire
necessary reparations.
2. To take two or three to admonish him; or to refer the matter to
arbitrators (or in some cases to a lot). And if any make law their
first remedy needlessly, while the other means should first be used,
it is a sin.
_Prop._ V. It is not lawful to go to law-suits, when prudence may
discern that the hurt which may come by it, will be greater than the
benefit; (either by hardening the person, or disturbing ourselves, or
scandalizing others against religion, or drawing any to ways of
unpeaceableness and revenge, &c.) The foreseen consequences may
overrule the case.
But on the other side, _Prop._ I. It is lawful to make use of
christian judicatories, so it be done in a lawful manner; yea, and in
some cases, of the judicatories of infidels.
_Prop._ II. The suppressing of sin, and the defending of the
innocent, and righting of the wronged, being the duty of governors, it
is lawful to seek these benefits at their hands.
_Prop._ III. In cases where I am not obliged to forgive, (as I
have showed before some such there be,) I may justly make use of
governors as the ordinance of God.
_Prop._ IV. The order and season is when I have tried other means
in vain; when persuasion or arbitration will do no good, or cannot be
used with hope of success.
_Prop._ V. And the great condition to prove it lawful is, when it
is not like to do more hurt than good, either directly of itself, or
by men's abuse; when religion, or the soul of any man, or any one's
body, or estate, or name, is not like to lose more than my gain, or
any other benefits, will compensate; when all these concur, it is
lawful to go to law.
_Quest._ V. Is it lawful to defend my person, life, or estate
against a thief, or murderer, or unjust invader, by force of arms?
_Answ._ You must distinguish, 1. Between such defence as the law
of the land alloweth, and such as it forbiddeth.
2. Between necessary and unnecessary actions of defence.
Public-domain text, read in full here on John Shaqi.
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