The Obligation of Human Laws, Publishers note
Reader,
BEfore I ſent theſe Sheets to the Preſs, at firſt I ſhewed them a Learned Dr. a perſon of note, as of ability, and I received his thoughts of them in the words which you find in the beginning. Being returned from the Printer, I had opportunity to ſhew them to another of the like eminency, and I received preſently a full Sheet from him upon the ſubject, I will make bold to ſet down thus much of it which follows.
The Office (to wit, of the Magiſtrate) and exerciſe or adminiſtration being diſtinguiſhed, you truly ſay that he that is not bound in a particular caſe to obey, yet may be a Subject ſtill (which is the relation of one bound to ordinary obedience) and Rebellion which is the caſting off this ſubjection, i… forbidden notwithſtanding a particular Law may be diſobeyed.
A Law made againſt God or the ſafety of the Common-wealth is no Law in ſenſu uni voco but it is in ſenſu ae…v…o vel analogico, and does not p…perly bind the Subject.
All men in their wits (that are maſters of ſuch diſcourſe) are agreed that judicium eſt vel publicum vel provatum. Publicum eſt vel civile; Magiſtratus, per gladium exe quendum: Vel eccleſiaſtum, Paſtorum, per verbum & clares exequendum: Et privatum diſcretionis eſt omnium. No Man ever obeyed without it, for authoritas imperantis agnita, is the objectum formale obedientiae and anſwereth the queſtion Quare obedis?
The Magiſtrate being by Office intruſted with the bonum pubeicum the Subject is not called to try every one of his Laws whether they are ſuited to the bonum publicum or not, much leſs to be critical and buſie out of his place.
But being not bound to be blind or or careleſs in a notorious caſe or ſuch of which he hath full and lawful cognizance, he may and muſt diſcern what command is againſt the common good.
R. B.
End of the text · John Humfrey, The Obligation of Human Laws (1671)