Baxter - BJ1441 B3 1673

Cafes about the Obligatioll of V01vs. or ag 4 inft any particuhr which th(y 111ay. command. 5· Othus difiinguifh of rhing1 lawful or indif– ftrtr.t and fay chat fome of them arc fuch as become accidcnrally fo ufc:ful or needful to the common good ,the end of Government, thac it is fir the Magi~rate make. a Law .for it, and. t~e breakin~ of chat Law will be fo hurtful, that my Vow cannot bmd me to Jt, as bemg now no md,ffercnt thmg: But other indifferent thin~s, they fay, belong not m the Magillrate to determine .of (as what I (hall eat or drink, whether I fhall marry or nor, what Trade 1 Chall be of, how each Attiticer, Tradef.. m;m or Profdfor of Arts and Sciences !hall do the bufinefs of his profellion, &c.) And here the Ma– giflr~te they think cannot bi~d them againfi thei~ VO)YS, becaufe their power of themfdvcs in fuc? private cafes is greater tha~ hts po~cr over themm t~ofe cafcs. All thcfe I leave as fo many ~fhons onfit for me to rcfolve m the m1dfi of the contentiOns of the Learned; The great Reafons chat move on borh fides you may eafily dilcc:rn, I. Thofe that think an Oath in lawful things, obligeth not contrary to the Magiihatc:s antccedenr or fubfequent command, are moved by this reafon, that eife fubjcd:s and children might ~y their Vows 'xcmpt rh:mfilvrs fron: ube_dience, and: null God_s com– maud of obl!ying our fuperwurs. 2. Thofc: that thmk a Vow JS obligatory agan:tll a Mag1firares command are moved by this reafon, bccaufc: c:Jfc, fay they, a Magillrate may at his plcafure di– fpenfe wi;h all Vows, except in thin~s com~andrd before by God: For he may come after and crofs our Vows by his commands, whtcb, agamfi the Popes pretenfions~ Protcfiants have dcnyed ro be h.1 rht: power of any ·mortal man ; And, God, by they, hath the firft right, which none (;an take away. I mufi not be forward in determining where Rulers are concerned: onlf to thofc that may and mufi determine ir, I.add thefc: further materials to be confidcred of. ~· 45 • ,, It is mofl nccdfary to the decifiop of this cafe, to underHand how far the Inferiour that voweth was fui juri!, and bad the pcwfT of bim{tlf when he made the Vow , as to the making of ir, and hovv far he is {ui juri! as to the act which he hath vowed : and to that end to know, in a cafe where there is fome power over his act, both in his fuperiour and in him[df, whether his DWn power, ·Or bH {uperiourr as to that atl be the greater. • 2 .It is therefore ne.edful to di(iingu:{h much between thofe aCh that are of Priuatt ufe and !ignific1 4 tion only , and thofe that ( ant<e<dently to the Rulers command) are of publick ufe and nature, or fuch as the Ruler is as much conc:ermd in as the infcriour. 3• 1r is needful to underfiand the true intent and rcn{e of the commmd of our fuperiour; whe- Re:;d of dUs thcr it be really his intent to bind infniours to break their Vows, or whether they intend only to bind 3 [ l~_ge r thofe that are not fo enungled ~md pre-eng2ged by a Vow, with a tacite exception of thofc! that arc. 1o~{.,:.~.4·;.1S· And what is mofi j•ft mull be pr<fumcd, unlefs the contrary be plain. ~· 4 , 4 . It mu/1 be ~iiCer~ed whether t~e commands of fuperiours intend any further penalry than that which is affixed tn their Laws: As m our Pcenal Laws about ufing Bow andAtroWJ; and about fifh– ing hunting, fire. whether it be intended that the offender be guilty of damnation, or only that the thr;•tned temporal penalty do fatisfie the L.w : And whether God bind us to any further penalty than the fuperiour intendcrh. . 5 , The Endof the Laws of men muft be diftingui!hcd from the word1: And a great difference muft be put between thofe forbidden a eh that do no furthe< harm than barely to crofs the Letter of the L•w or WiU of a Superiour, and thofe that crofs the jufi end of the Command or Law; and that eith;r more or lcfs ; as it is more or lt{s hurtful to others, or againfi the common good: For then the matter will become finful in it fdf. 6. whether Perjury, or the unwilling violation of humane Laws, be the greater fin, and which in a doubtful cafe iliould be matt feared and avoided, it is cafie to difcern. 9· 46. Rule 27· A Vuw may ht con[tqurntly m:Jd~ NuU or Void , I · By ctjfation of the ma1ttr, or R:tle 27 • any thing clJwtial to it, (of which before 9· 13.) or by a DiJPenfatitm or dijfolwion of it by God to whom we art obiigrd. No doubt, it is in Gods power to difoblige a man from his Vow: But how he ever cloth fuch a thing, is all the doubt; extraordinary revelation~ being ceafcd, there is this way yet ordimry, viz.by bringing the matter which I vowed to do, under Come prohibition of a General Law, by the ChangtJ of his Providence. · ~· 47· Rule z8, A1 to the power of'''"" to difpen[t with Oaths and Vow1, there if a great and moj! RHlt zS. rtmark._able diffcren~t brtwun tbofe O::~ths and Yo::rs tl'btrt Man U tbt only pt~rty that wt are primarily bound to, and Goti f.f (/Hly appealed to ar wimefs er judzt, Ill to tht k,_l'Cping ofmy word to man; and ·1bo[e Oath! or Vort)J uhtre God Halfo madr ( either only ·or conj11nli with man) the party to whom I prim.Jriiy oblige my fllf. For in the firfi cafe m:~n can difpcnfe wirh my Oath or Vow, by r-emitting his own Ii&ht, and rclcafing me from my promi[e ; but in the fecond cafe no created power can do it• . As c. g. if I promHC: to pay a ma.n a furnm of money, or to do him fcrvice, and fwear that 1 will perfOrm it faithfUlly; if upon fome afret bar~ain or confideration he rcleafe me of that promifc God rdeafeth me aLfo; as the 1Yitmffe!and Judge have nothing againll a man, whom the Credito; bath difcharged. But if I Swear Of Vow that I will amend my life, or reform my f•mily of fome great abu{e, or that l will give fo much to the poor, or thar I will give up my felf to the work of the Gofp::l, or that I will never ITlarry, or never drink Wine, or never confent to Popery or Error, &c. No man cm difpenfe with my Vow, nor dire81y di[ublige me in any fuch cafe; becaufe no man can give iway Gods right: All that man can do in any fuch c~fe is, to become an occa:fion ofGods difobligi~g mt: If he can fo cha;ngc the cafe, or my condition, as to bring me uhder fame Law ofGod, wh1ch commandc:th me the contrary to my Vow, then God di{ubligetb me ( or maketb it unlawful to. keep. that Vo~ ). An.d here becaufe a Vow is commonly taken for {uch a Promi[t t(J Gad, In wloch we d~tcCily bmd our [elves to him, therefore we fay, that a Voll'' (thus llriCt- ' ij

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