A Christian Directory, Part 4: Christian Politics

by Richard Baxter

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.

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.