Solparvus
Puritan Board Senior
Good clickbait, no?
Once in a while the question of speed limits comes up. This thread came up last year, "Should Christians obey the speed limit", in which we had discussion of whether the letter of the law is to be obeyed, or the substance and intended rule.
No Christian dare deny that we are to be subject to every ordinance of man. The problem is, what is the ordinance? And in recent threads, what about when man's law and God's law are mutually exclusive? What about laws that are oppressive? Tyrannical? Impossible?
Sometimes the question comes up, what is the nature of penalties?
In this section from the Christian Directory, Baxter first began previously by discussing whether the payment of a penalty is acceptable in the place of the thing commanded. Now he discusses whether it is a sin to break every penal law. My best understanding (someone correct me!) is that a penal law is a law that's not moral in nature, but may be just for good order and effective rule. For example, it's not an inherent sin to drive 75 miles per hour, though there might be a penalty if you do so.
With that, here are some directions that I have myself found quite helpful.
EDIT: I have provided a "modernized" version for ease of reading. The original is found in quotes at the bottom.
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Once in a while the question of speed limits comes up. This thread came up last year, "Should Christians obey the speed limit", in which we had discussion of whether the letter of the law is to be obeyed, or the substance and intended rule.
No Christian dare deny that we are to be subject to every ordinance of man. The problem is, what is the ordinance? And in recent threads, what about when man's law and God's law are mutually exclusive? What about laws that are oppressive? Tyrannical? Impossible?
Sometimes the question comes up, what is the nature of penalties?
In this section from the Christian Directory, Baxter first began previously by discussing whether the payment of a penalty is acceptable in the place of the thing commanded. Now he discusses whether it is a sin to break every penal law. My best understanding (someone correct me!) is that a penal law is a law that's not moral in nature, but may be just for good order and effective rule. For example, it's not an inherent sin to drive 75 miles per hour, though there might be a penalty if you do so.
With that, here are some directions that I have myself found quite helpful.
EDIT: I have provided a "modernized" version for ease of reading. The original is found in quotes at the bottom.
- A law represents a ruler's will, and is law no further than it truly represents a ruler's will.
- Lawmaking is a power given from God. If it is not an exercise of that power, it is not a law.
- Reasons laws are given:
- God's glory and pleasure - Common good. The common good includes the honor of the ruler and welfare of the society. So, you are not obliged to obey a law which is:
- Against God
- Against the common good
- Human laws are beneath God's law (in nature and Scripture). So no law may command us to sin, or to break God's law.
- God's glory and pleasure - Common good. The common good includes the honor of the ruler and welfare of the society. So, you are not obliged to obey a law which is:
- Laws govern a whole society, and are usually written in general terms in order to govern the general population. However, there are always very particular issues that the law may not address, and to obey the strict letter of the law would be a sin. Necessity needs no law. So we can conclude:
- You do not sin in breaking a law that is against God, or breaking a law He does not authorize (eg. Laws set up by an usurper).
- As far as any law doesn't represent a ruler's will, you don't sin in breaking it. It doesn't matter what the words of the law are.
- The letter of the law is not enough to understand a law. You should understand why governments are instituted, and you should judge the law by the rules of humanity (clarity, anyone?).
- Rulers can't predict all exceptions to a law. What is the nature of the exception? If the ruler were to judge the case, might he agree that the law doesn't concern this special situation? If so, this gives a hint as to the ruler's true will.
- Some laws are general and can have exceptions. Sometimes a ruler has a particular command for a particular person, like when a parent gives a child a command to do a certain thing. There can't be an exception to obedience to the mandate here, even if there can be exceptions to general laws.
- Laws sometimes fail to remain as laws because rulers neglect them, don't enforce them, let them become obsolete, or they grow out of use. Sometimes he chooses not to execute them for a time to particular persons. This means that the law may not be the law at this time. Not always, but sometimes may be. Sometimes the lawgiver will make plain whether a law is suspended. For example, during the fire of London some laws could not possibly be obeyed. In was understood that the ruler would not enforce those laws at that time, thus those laws were understood as suspended.
- Sometimes it is as acceptable to break the law and pay the penalty as it is to obey the law, as sometimes either action may satisfy the governor's will.
- Sometimes it's plain and clear that a law is meant for some persons and not others. Those that aren't concerned with it may not be bound by it, and a secret omission of obedience by those unconcerned may be acceptable, so long as they impede no one or cause public harm. However, if their liberty in not following that law causes scandal, or is not for the public good, they should obey that law.
- (I need help with this paragraph) Sometimes a ruler clearly makes an exception: "Unless they have just and reasonable cause." For example, laws about church attendance. If against the public good though, the law obliges. But for actions that are indifferent in themselves, it may be implied (even if not clearly stated) that an excuse for just and reasonable cause applies.
- Nature gives rules as well. You do not sin when you break laws that are impossible to keep.
- The sense of a law may change over time, or when different rulers are in charge. It doesn't represent the will of rulers who are dead, but those who are living. Henry VIII may have made certain laws about religion, and perhaps those laws are still not repealed in the time of King Edward, Queen Mary, Queen Elizabeth, King James, etc., but we should not think that the laws still bind with the original sense given by Henry VIII. Words are capable of several meanings, and we aren't bound to the very original sense. We are bound by the law in the sense given by those who now govern us.
- Some laws are given for a special reason. If that reason is gone, then so is the law, so long as the ruler makes no attempt to enforce that law.
- In some cases it is dangerous and sinful to keep a law. There might be a law against giving money to a beggar; but if that beggar is going to die, the law of charity demands you give to him. Scripture commands charity in this kind of case. You are not bound by a law of fasting if it destroys your health. Duties of rest and sacrifice on the Sabbath do not excuse you from works of mercy.
- If there are two duties commanded that cannot both be kept, you must keep the greater one. That's the rule when understanding the law of God--much more when understanding men's laws, which can contradict each other.
- (Need help with this paragraph). If two laws are inconsistent, you must use your best private judgment to decide between the two which one to obey. If a ruler is involved in the resolution, his decision binds. Sometimes you might be bound by two different laws that cannot both be kept, but against your best efforts you suffer penally for lawbreaking. You have not sinned, and you must suffer patiently.
- Aside from such exceptions, you must obey the law, and you sin against God if you disobey.
- (Need help) Even if a law doesn't seem to make sense in your situation, but if you think that it will be to public harm if you omit obedience to that law, then you should obey that law for the sake of the public good, even if you suffer harm as a result.
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Quest, ii. ' But is it a sin to break every penal law of man?'
Answ.
1. You must remember that man's law is essentially the signification of man's will; and therefore obligeth no further than it truly signifieth the ruler's will.
2. That it is the act of a power derived from God; and therefore no further bindeth, than it is the exercise of such a power.
3. That it is given,
1. Finally for God's glory and pleasure, and for the common good (comprehending the honour of the ruler and the welfare of the society ruled). And therefore obligeth not when it is,(1.) Against God.
(2.) Or against the common good.
2. And it is subordinate to God's own laws, (in nature and Scripture) and therefore obligeth not to sin, or to the violation of God's law.
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 certain cases; and hence it is said, that necessity hath no law. Hereupon 1 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 an 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 incapable 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.
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, vel 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.
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.
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