A Christian Directory, Part 4: Christian PoliticsBaxter, Richard
Religion
A Christian Directory, Part 4: Christian Politics
Baxter, Richard
Casuistry; Christian sociology
4. You must note that laws are made for the government of societies as
such universally; and so are fitted to the common case, for the common
good. And it is not possible but that a law which prescribeth a duty
which by accident is so to the most, should meet with some particular
subject to whom the case is so circumstantiated as that the same act
would be to him a sin: and to the same man it may be ordinarily a
duty, and in an extraordinary case a sin. Thence it is that in some
cases (as Lent fasts, marriages, &c.) rulers oft authorize some
persons to grant dispensations in some certain cases: and hence it is
said, that necessity hath no law.
Hereupon I conclude as followeth:
1. It is no sin to break a law which is no law, as being against God,
or not authorized by him, (as of a usurper, &c.) See R. Hooker,
Conclus. lib. viii.
2. It is no law so far as it is no signification of the true will of
the ruler, whatever the words be: therefore so far it is no sin to
break it.
3. The will of the ruler is to be judged of, not only by the words,
but by the ends of government, and by the rules of humanity.
4. It being not possible that the ruler in his laws can foresee and
name all exceptions, which may occur, it is to be supposed that it is
his will that the nature of the thing shall be the notifier of his
will, when it cometh to pass; and that if he were present, and this
case fell out before him, which the sense and end of the law extendeth
not to, he would say, This is an excepted case.
5. There is therefore a wide difference between a general law, and a
personal, particular mandate; as of a parent to a child, or a master
to a servant; for this latter fully notifieth the will of the ruler
in that very case, and to that very person. And therefore it cannot be
said that here is any exception, or that it is not his will; but in a
universal or general law, it is to be supposed that some particular
excepted cases will fall out extraordinarily, though they cannot be
named; and that in those cases, the ruler's will dispenseth with it.
6. Sometimes also the ruler doth by the mere neglect of pressing or
executing his own laws, permit them to grow obsolete, and out of use;
and sometimes he forbeareth the execution of them for some time, or to
some sort of persons; and by so doing, doth notify that it was not his
will that at such a time, and in such cases, they should oblige. I say
not that all remissness of execution is such a sign; but sometimes it
is: and the very word of the lawgiver may notify his dispensation or
suspending will. As for instance, upon the burning of London, there
were many laws (about coming to parish churches, and relief of the
poor of the parish, and the like) that the people became uncapable of
obeying; and it was to be supposed, that the ruler's will would have
been to have excepted such cases if foreseen; and that they did
dispense with them when they fell out.
Public-domain text, read in full here on John Shaqi.
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