A Christian Directory, Part 4: Christian PoliticsBaxter, Richard
Religion
A Christian Directory, Part 4: Christian Politics
Baxter, Richard
Casuistry; Christian sociology
7. Sometimes also the penalty of violating a law, is some such mulct
or service, which the ruler intendeth as a commutation for the duty,
so that he freely leaveth it to the choice of the subject which he
will choose. And then it is no sin to pay the mulct, and omit the
action; because it crosseth not the lawgiver's will.
8. Sometimes also the law may command this principally for some men's
sake, which so little concerns others, that it should not extend to
them at all, were it not lest the liberty of them should be an
impediment to the obedience of others, and consequently of the common
good. In which case, if those persons so little concerned, do but omit
the action secretly, so as to be no scandal or public hurt, it seemeth
that they have the implicit consent of the rulers.
9. Sometimes particular duties are commanded with this express
exception, "Unless they have just and reasonable impediment." As for
coming every Lord's day to church, &c.; which seemeth to imply, that
(though in cases where the public good is concerned, the person
himself shall not be judge, nor at all as to the penalty, yet that) in
actions of an indifferent nature in themselves, this exception is
still supposed to be implied, "unless we have just and reasonable
impediments," of which in private cases, as to the crime, we may
judge.
10. I need not mention the common, natural exceptions: as that laws
bind not to a thing when it becometh naturally impossible; or
_cessante materia, rel capacitate subjecti obligati_, &c.
11. Laws may change their sense in part by the change of the lawgiver;
for the law is not formally to us his law that is dead and was once
our ruler, but his that is alive and is now our ruler. If Henry the
Eighth make a law about the outward acts of religion, (as for coming
to church, &c.) and this remain unrepealed in King Edward's, Queen
Mary's, Queen Elizabeth's, King James's days, &c., even till now; as
we are not to think that the lawgivers had the same sense and will, so
neither that the law hath the same sense and obligation; for if the
general words be capable of several senses, we must not take it as
binding to us in the sense it was made in, but in the sense of our
present lawgivers or rulers, because it is their law.
12. Therefore if a law had a special reason for it at the first
making, (as the law for using bows and arrows,) that reason ceasing,
we are to suppose the will of the lawgiver to remit the obligation, if
he urge not the execution, and renew not the law.
Public-domain text, read in full here on John Shaqi.
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