A Christian Directory, Part 4: Christian PoliticsBaxter, Richard
Religion
A Christian Directory, Part 4: Christian Politics
Baxter, Richard
Casuistry; Christian sociology
_Direct._ XXXVII. In the question, whether human laws bind
conscience, the doubt is not of that nature, as to have necessary
influence upon your practice. For all agree, that they bind the
subject to obedience, and that God's law bindeth us to obey them. And
if God's law bind us to obey man's law, and so to disobey them be
materially a sin against God's law, this is as much as is needful to
resolve you in respect of practice: no doubt, man's law hath no
primitive obliging power at all, but a derivative from God, and under
him; and what is it to bind the conscience (an improper speech) but to
bind the person to judge it his duty, (_conscire_,) and so to do
it. And no doubt but he is bound to judge it his duty, that that is
immediately by human law, and remotely by divine law, and so the
contrary to be a sin proximately against man, and ultimately against
God. This is plain, and the rest is but logomachy.
_Direct._ XXXVIII. The question is much harder, whether the
violation of every human penal law be a sin against God, though a man
submit to the penalty. (And the desert of every sin is death.) Master
Richard Hooker's last book unhappily ended, before he gave us the full
reason of his judgment in this case, these being the last words:
"Howbeit, too rigorous it were, that the breach of every human law
should be a deadly sin: a mean there is between those extremities, if
so be we can find it out--."[85] Amesius hath diligently discussed it,
and many others. The reason for the affirmative is, because God
bindeth us to obey all the lawful commands of our governors; and
suffering the penalty, is not obeying; the penalty being not the
primary intention of the lawgiver, but the duty; and the penalty only
to enforce the duty: and though the suffering of it satisfy man, it
satisfieth not God, whose law we break by disobeying. Those that are
for the negative, say, That God binding us but to obey the magistrate,
and his law binding but _aut ad obedientiam, aut ad pœnam_, I
fulfil his will, if I either do or suffer: if I obey not, I please him
by satisfying for my disobedience. And it is none of his will, that my
choosing the penalty should be my sin or damnation. To this it is
replied, That the law bindeth _ad pœnam_, but on supposition
of disobedience; and that disobedience is forbidden of God: and the
penalty satisfieth not God, though it satisfy man. The other rejoins,
That it satisfieth God, in that it satisfieth man; because God's law
is but to give force to man's, according to the nature of it. If this
hold, then no disobedience at all is a sin in him that suffereth the
penalty. In so hard a case, because more distinction is necessary to
the explication, than most readers are willing to be troubled with, I
shall now give you but this brief decision.[86] There are some
penalties which fulfil the magistrate's own will as much as obedience,
which indeed have more of the nature of a commutation, than of
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