A Christian Directory, Part 4: Christian Politics

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.

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.

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.

CHAPTER IV.

DIRECTIONS TO LAWYERS ABOUT THEIR DUTY TO GOD

Gentlemen, you need not meet these directions with the usual censures or suspicions, that divines are busying themselves with the matters of your calling, which belong not to them, and which they do not understand; you shall see that I will as much forbear such matters as you can well desire. If your calling be not to be sanctified by serving God in it, and regulating it by his law, it is then neither honourable nor desirable. But if it be, permit me very briefly so far to direct you.114

Direct. I. Take the whole frame of polity together, and study each part in its proper place, and know it in its due relation to the rest; that is, understand first the doctrine of polity and laws in genere, and next the universal polity and laws of God in specie; and then study human polity and laws, as they stand in their due subordination to the polity and laws of God, as the by-laws of corporations do to the general laws of the land.

He that understandeth not what polity and law is in genere, is unlike to understand what divine or human polity or law is in specie; he that knoweth not what government is, and what a community, and what a politic society is, will hardly know what a commonwealth or church is: and he that knoweth not what a commonwealth is in genere, what is its end, and what its constitutive parts, and what the efficient causes, and what a law, and judgment, and execution is, will study but unhappily the constitution or laws of the kingdom which he liveth in.

And he that understandeth not the divine dominium et imperium, as founded in creation, (and refounded in redemption,) and man's subjection to his absolute Lord, and the universal laws which he hath given in nature and Scripture to the world, can never have any true understanding of the polity or laws of any kingdom in particular; no more than he can well understand the true state of a corporation, or the power of a mayor, or justice, or constable, who knoweth nothing of the state of the kingdom, or of the king, or of his laws. What ridiculous discourses would such a man make of his local polity or laws! He knoweth nothing worth the knowing, who knoweth not that all kings and states have no power but what is derived from God, and subservient to him; and are all his officers, much more below him, than their justices and officers are to them; and that their laws are of no force against the laws of God, whether of natural or supernatural revelation. And therefore it is most easy to see, that he that will be a good lawyer must first be a divine; and that the atheists that deride or slight divinity, do but play the fools in all their independent broken studies. A man may be a good divine that is no lawyer, but he can be no good lawyer that understandeth not theology. Therefore let the government and laws of God have the first and chiefest place in your studies, and in all your observation and regard.

1. Because it is the ground of human government, and the fountain of man's power and laws.

2. Because the divine polity is also the end of human policy; man's laws being ultimately to promote our obedience to the laws of God, and the honour of his government.

3. Because God's laws are the measure and bound of human laws; against which no man can have power.

4. Because God's rewards and punishments are incomparably more regardable than man's; eternal joy or misery being so much more considerable than temporal peace or suffering; therefore though it be a dishonour to lawyers to be ignorant of languages, history, and other needful parts of learning, yet it is much more their dishonour to be ignorant of the universal government and laws of God.115

Direct. II. Be sure that you make not the getting of money to be your principal end in the exercise of your function; but the promoting of justice, for the righting of the just, and the public good; and therein the pleasing of the most righteous God.116 For your work can be to you no better than your end. A base end doth debase your work. I deny not, but your competent gain and maintenance may be your lower end, but the promoting of justice must be your higher end, and sought before it. The question is not, Whether you seek to live by your calling; for so may the best; nor yet, Whether you intend the promoting of justice; for so may the worst (in some degree). But the question is, Which of these you prefer? and which you first and principally intend? He that looketh chiefly at his worldly gain, must take that gain instead of God's reward, and look for no more than he chiefly intended; for that is formally no good work, which is not intended chiefly to please God, and God doth not reward the servants of the world; nor can any man rationally imagine, that he should reward a man with happiness hereafter, for seeking after riches here. And if you say that you look for no reward but riches, you must look for a punishment worse than poverty; for the neglecting of God and your ultimate end, is a sin that deserveth the privation of all which you neglect; and leaveth not your actions in a state of innocent indifferency.

Direct. III. Be not counsellors or advocates against God, that is, against justice, truth, or innocency. A bad cause would have no patrons, if there were no bad or ignorant lawyers. It is a dear-bought fee, which is got by sinning; especially by such a wilful, aggravated sin, as the deliberate pleading for iniquity, or opposing of the truth.117 Judas's gain and Ahithophel's counsel will be too hot at last for conscience, and sooner drive them to hang themselves in the review, than afford them any true content: as St. James saith to them that he calleth to weep and howl for their approaching misery, "Your riches are corrupted, and your garments moth-eaten, your gold and silver is cankered, and the rust of them shall be a witness against you, and shall eat your flesh as it were fire: ye have heaped treasure together for the last days." Whatever you say or do against truth, and innocency, and justice, you do it against God himself. And is it not a sad case that among professed christians, there is no cause so bad but can find an advocate for a fee? I speak not against just counsel to a man that hath a bad cause (to tell him it is bad, and persuade him to disown it); nor do I speak against you for pleading against excessive penalties or damages; for so far your cause is good, though the main cause of your client was bad; but he that speaketh or counselleth another for the defence of sin, or the wronging of the innocent, or the defrauding another of his right, and will open his mouth to the injury of the just, for a little money, or for a friend, must try whether that money or friend will save him from the vengeance of the universal Judge (unless faith and true repentance, which will cause confession and restitution, do prevent it).

The Romans called them thieves, that by fraud, or plea, or judgment got unlawful gain, and deprived others of their right.

Lampridius saith of Alexander Severus, Tanti eum stomachi fuisse in eos judices qui furtorum fama laborassent, etiamsi damnati non essent, ut si eos casu aliquo videret, commotione animi stomachi choleram evomeret, toto vultu inardescente, ita ut nihil posset loqui. And afterwards, Severissimus judex contra fures, appellans eosdem quotidianorum scelerum reos, et solos hostes inimicosque reipublicæ. Adding this instance, Eum notarium, qui falsum causæ brevem in consilio imperatorio retulisset, incisis digitorum nervis, ita ut nunquam posset scribere, deportavit. And that he caused Turinus one of his courtiers to be tied in the market-place to a stake, and choked to death with smoke, for taking men's money on pretence of furthering their suits with the emperor; Præcone dicente, Fumo punitur, qui vendidit fumum. He strictly prohibited buying of offices, saying, Necesse est ut qui emit, vendat: Ego vere nin patiar mercatores potestatum: quos si patiar, damnare non possum. The frowns or favour of man, or the love of money, will prove at last a poor defence against his justice whom by injustice you offend.118

The poet could say,

Justum et tenacem propositi virum,Non civium ardor prava jubentiumNon vultus instantis tyranni,Mente quatit solida: – Horat.

But if men would first be just, it would not be so hard to bring them to do justly; saith Plautus,

Justa autem ab injustis petere insipientia est:Quippe illi iniqui jus ignorant neque tenent.

Direct. IV. Make the cause of the innocent as it were your own; and suffer it not to miscarry through your slothfulness and neglect.119 He is a lover of money more than justice, that will sweat in the cause of the rich that pay him well, and will slubber over and starve the cause of the poor, because he getteth little by them. Whatever your place obligeth you to do, let it be done diligently and with your might; both in your getting abilities, and in using them. Scævola was wont to say, (ut lib. Pandect. 42. tit. refer.) Jus civile vigilantibus scriptum est, non dormientibus. Saith Austin, Ignorantia judicis plerumque est calamitas innocentis. And as you look every labourer that you hire should be laborious in your work, and your physician should be diligent in his employment for your health; so is it as just that you be diligent for them whose cause you undertake, and where God who is the lover of justice doth require it.

Direct. V. Be acquainted with the temptations which most endanger you in your place, and go continually armed against them with the true remedies, and with christian faith, and watchfulness, and resolution. You will keep your innocency, and consequently your God, if you see to it that you love nothing better than that which you should keep. No man will chaffer away his commodity for any thing which he judgeth to be worse and less useful to him. Know well how little friends or wealth will do you in comparison of God, and you will not hear them when they speak against God, Luke xiv. 26; xvii. 33. When one of his friends was importunate with P. Rutilius to do him an unjust courtesy, and angrily said, "What use have I of thy friendship, if thou wilt not grant my request?" He answered him, "And what use have I of thy friendship, if for thy sake I must be urged to do unjustly?" It is a grave saying of Plutarch, Pulchrum quidem est justitia regnum adipisci: pulchrum etiam regno justitiam anteponere: nam virtus alterum ita illustrem reddidit, ut regno dignus judicaretur; alterum ita magnum ut id contemneret. Plut. in Lycurg. et Numa. But especially remember who hath said, "What shall it profit a man to win all the world, and lose his soul?" And that temptations surprise you not, be deliberate and take time, and be not too hasty in owning or opposing a cause or person, till you are well informed; as Seneca saith of anger, so say I here, Dandum semper est tempus: veritatem enim dies aperit. Potest pœna dilata exigi; cum non potest exacta revocari. It is more than a shame to say, I was mistaken, when you have done another man wrong by your temerity.120

CHAPTER V.

THE DUTY OF PHYSICIANS

Neither is it my purpose to give any occasion to the learned men of this honourable profession, to say that I intermeddle in the mysteries of their art. I shall only tell them, and that very briefly, what God and conscience will expect from them.

Direct. I. Be sure that the saving of men's lives and health, be first and chiefly in your intention, before any gain or honour of your own. I know you may lawfully have respect both to your maintenance and honour; but in a second place only, as a far less good than the lives of men. If money be your ultimate end, you debase your profession, which, as exercised by you, can be no more to your honour or comfort than your own intention carrieth it. It is more the end than the means that ennobleth or debaseth men; if gain be the thing which you chiefly seek, the matter is not very great (to you) whether you seek it by medicining men or beasts, or by lower means than either of them. To others indeed it may be a very great benefit, whose lives you have been a means to save; but to yourselves it will be no greater than your intention maketh it. If the honouring and pleasing God, and the public good, and the saving of men's lives, be really first and highest in your desires, then it is God that you serve in your profession; otherwise you do but serve yourselves. And take heed lest you here deceive yourselves, by thinking that the good of others is your end, and dearer to you than your gain, because your reason telleth you it is better and ought to be preferred: for God and the public good are not every man's end, that can speak highly of them, and say they should be so. If most of the world do practically prefer their carnal prosperity even before their souls, while they speak of the world as disgracefully as others, and call it vanity; how much more easily may you deceive yourselves, in preferring your gain before men's lives, while your tongue can speak contemptuously of gain!

Direct. II. Be ready to help the poor as well as the rich; differencing them no further than the public good requireth you to do. Let not the health or lives of men be neglected, because they have no money to give you: many poor people perish for want of means, because they are discouraged from going to physicians, through the emptiness of their purses; in such a case you must not only help them gratis, but also appoint the cheapest medicines for them.

Direct. III. Adventure not unnecessarily on things beyond your skill, but in difficult cases persuade your patients to use the help of abler physicians, if there be any to be had, though it be against your own commodity. So far should you be from envying the greater esteem and practice of abler men, and from all unworthy aspersions or detraction, that you should do your best to persuade all your patients to seek their counsels, whenever the danger of their lives or health requireth it. For their lives are of greater value than your gain. So abstruse and conjectural is the business of your profession, that it requireth very high accomplishments to be a physician indeed. If there concur not, 1. A natural strength of reason and sagacity; 2. And a great deal of study, reading, and acquaintance with the way of excellent men; 3. And considerable experience of your own, to ripen all this; you have cause to be very fearful and cautelous in your practice, lest you sacrifice men's lives to your ignorance and temerity. And one man that hath all these accomplishments in a high degree, may do more good than a hundred smatterers: and when you are conscious of a defect in any of these, should not reason and conscience command you to persuade the sick to seek out to those that are abler than yourselves? Should men's lives be hazarded, that you may get by it a little sordid gain? It is so great a doubt whether the ignorant, unexperienced sort of physicians, do cure or hurt more, that it hath brought the vulgar in many countries into a contempt of physicians.121

Direct. IV. Depend on God for your direction and success. Earnestly crave his help and blessing in all your undertakings. Without this all your labour is in vain. How easy is it for you to overlook some one thing among a multitude that must be seen, about the causes and cure of diseases; unless God shall open it to you, and give you a clear discerning, and a universal observation! And when twenty considerable things are noted, a man's life may be lost, for want of your discerning one point more. What need have you of the help of God, to bring the fittest remedies to your memory! and much more to bless them when they are administered! as the experience of your daily practice may inform you (where atheism hath not made men fools).

Direct. V. Let your continual observation of the fragility of the flesh, and of man's mortality, make you more spiritual than other men, and more industrious in preparing for the life to come, and greater contemners of the vanities of this world. He that is so frequently among the sick, and a spectator of the dead and dying, is utterly unexcusable if he be himself unprepared for his sickness or for death. If the heart be not made better, when you almost dwell in the house of mourning, it is a bad and deplorate heart indeed. It is strange that physicians should be so much suspected of atheism as commonly they are; and religio medici should be a word that signifieth irreligiousness: sure this conceit was taken up in some more irreligious age or country; for I have oft been very thankful to God, in observing the contrary, even how many excellent, pious physicians there have been in most countries where the purity of religion hath appeared, and how much they promoted the work of reformation; (such as Crato, Platerus, Erastus, and abundance more that I might name;) and in this land and age, I must needs bear witness, that I have known as many physicians religious proportionably as of any one profession, except the preachers of the gospel. But as no men are more desperately wicked, than those that are wicked after pious education, and under the most powerful means of their reformation; so it is very like that those physicians that are not truly good are very bad; because they are bad against so much light, and so many warnings; and from some of these it is like this censorious proverb came. And indeed man's nature is so apt to be affected with things that are unusual, and to lose all sense of things that are grown common, that no men have more need to watch their hearts, and be afraid of being hardened, than those that are continually under the most quickening helps and warnings. For it is very easy to grow customary and senseless under them; and then the danger is, that there are no better means remaining, to quicken such a stupid, hardened heart. Whereas those that enjoy such helps but seldom, are not so apt to lose the sense and benefit of them. The sight of a sick or dying man, doth usually much awaken those that have such sights but seldom; but who are more hardened than soldiers and seamen, that live continually as among the dead? When they have twice or thrice seen the field covered with men's carcasses, they usually grow more obdurate than any others. And this is it that physicians are in danger of, and should most carefully avoid. But certainly an atheistical or ungodly physician, is unexcusably blind. To say, as some do, that they study nature so much, that they are carried away from God; is as if you should say, they study the work so much, that they forget the workman; or, they look so much on the book, that they overlook the sense; or, that they study medicine so much, that they forget both the patient and his health. To look into nature and not see God, is as to see the creatures, and not the light by which we see them; or to see the trees and houses, and not to see the earth that beareth them. For God is the creating, conserving, dirigent, final Cause of all. Of Him, and through Him, and to Him, are all things; He is all in all. And if they know not that they are the subjects of this God, and have immortal souls, they are ill proficients in the study of nature, that know no better the nature of man. To boast of their acquisitions in other sciences, while they know not what a man is, or what they are themselves, is little to the honour of their understandings. You that live still as in the sight of death, should live as in the sight of another world, and excel others in spiritual wisdom, and holiness, and sobriety, as your advantages by these quickening helps excel.