A Christian Directory, Part 4: Christian PoliticsBaxter, Richard
Religion
A Christian Directory, Part 4: Christian Politics
Baxter, Richard
Casuistry; Christian sociology
13. By these plain principles many particular difficulties may be
easily resolved, which cannot be foreseen and named, e. g. the law
against relieving a beggar bindeth not, when he is like to die if he
be not relieved; or in such a case as after the burning of London,
when there was no parish to bring him to. A law that is but for the
ordering of men's charity, (to soul or body, by preaching or alms,)
will not disoblige me from the duties of charity themselves, in cases
where Scripture or nature proveth them to be imposed by God. A law for
fasting will not bind me, when it would be destructive to my body;
even on God's sabbaths duties of mercy were to be preferred to rest
and sacrifices.
14. If God's own laws must be thus expounded, that When two duties
come together, and both cannot be done, the lesser ceaseth at that
time to be a duty, and the greater is to be preferred, man's laws must
also be necessarily so expounded: and the rather, because man's laws
may be contradictory, when God's never are so, rightly understood.
15. Where the subject is to obey, so far he must discern which of the
laws inconsistent is to be preferred; but in the magistratical
execution, the magistrate or judge must determine.
E. g. One law commandeth that all the needy poor be kept on the parish
where they were born or last lived. Another law saith, that
nonconformable ministers of the gospel, who take not the Oxford oath,
shall not come within five miles of city or corporation, (though they
were born there,) or any place where they have been preachers. In case
of necessity what shall they do? _Answ._ Whither they shall go
for relief, they must discern as well as they can; but whither they
shall be carried or sent, the magistrate or constable must discern and
judge.
Also whether he shall go with a constable that by one law bringeth him
to a place, which by the other law he is forbid on pain of six months'
imprisonment in the common gaol to come to? _Answ._ If he be not
voluntary in it, it is not his fault: and if one bring him thither by
force, and another imprison him for being there, he must patiently
suffer it.
16. But out of such excepted cases, the laws of our rulers (as the
commands of parents) do bind us as is afore explained; and it is a sin
against God to violate them.
17. Yea, when the reason of the law reacheth not our particular case
and person, yet when we have reason to judge, that it is the ruler's
will that all be bound for the sake of some, and the common order and
good will be hindered by our exemption, we must obey to our corporal
detriment, to avoid the public detriment, and to promote the public
good.
[36] Nihil Deo qui omnem mundum hunc regit, acceptius, quam concilia
cœcusque nominum quæ civitates appellantur. Cicero.
Public-domain text, read in full here on John Shaqi.
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