The Obligation of Human Laws, Chapter 1
THE OBLIGATION Of Human LAWS Diſcuſſed.
By J. H.
foreign.
We are to give to Princes and the Powers that are ſet over us by God, ſuch Honor and obedience as may not hurt us. Polycarpus.
Too rigorous were it that the breach of every Law ſhould be held a deadly ſin, a mean there is between theſe extremities, if ſo be we could find it out. Hooker.
London, Printed in the Year. 1671.
Reader,
THeſe Papers were prepared againſt Eaſter Term laſt year, but the Printers failed us. Nevertheleſs the Subject being of perpetual occaſion, and ſo long as there is any Common-Wealth and Laws there is none can ſay, I have need of thee, I ſee no reaſon to hinder the coming out now to the ſame publick advantage.
The Author.
I Have peruſed this Diſcourſe and do judge it will be of ſingular uſe unto all ſuch as deſire conſcienti-ouſly to order their obedience unto Magiſtrates in civil things: For although it is written in the way of a defence of what was formerly more breifly offered unto the ſame purpoſe, yet the ſubject matter of it is ſo managed, and the truth aſſerted in it ſo vindicated from the oppoſition of another, that the underſtanding Reader, will be ſatiſfied in the proper Rule of civil things, and in the reaſonableneſs of every Man making a Judgement of their own actions in reference thereunto.
J. O.
THE Obligation of human Laws diſcuſſed.
CAP. I.
WE have before us a famous queſtion, which is not only of great moment, conſtant uſe and concernment, but of ſo much difficulty, and doubtful diſpute, as that ſome learn'd men of great note in the Romiſh Church, have judged it fit only for the Pope in Cathedra to determine it. I am not furniſht ſo much as with my own books, which are from me, and much leſs with ſo many others as it would require to inform my ſelf, or my Readers, in the ſeveral judgements, of all, or the cheif Doctors in the Schools, with other Divines, and Lawyers, who have written of this point. But this I take to be notorious, that there are many of very great magnitude in the Church or Schools, with multitudes of ſeveral ſorts of Divines, who have, or do hold, that humane Laws bind not the Conſcience, whereof God only is the Lord, and which can be bound be nothing but his authority, as will be confeſſed. On the contrary there be others and perhaps of no leſs, or of greater eminence and number, who yet on both ſides, when they oppoſe one another may not defend themſelves from extremity, but that there is a mean according to the judgement of ſober and indifferent men, to be ſought in theſe things, if we can light of it.
I muſt confeſs I ſhould very hardly expect any thing but confuſion in my own thoughts if I truſted my ſelf altogether to books, among ſuch variety. By the little I ſometimes read concerning this diſpute I muſt need ſay, it did but ſerve to leave me at a loſs, and how I have ſince retired my thoughts more into my own mind, to look upon that writing which is congenial with us, even thoſe principles of truth which nature and ſo God hath implanted in mans own heart, and having propoſed from the reſult of all a determination ſo plain, and in the middle path, being careful that neither conſcience ſhould be left looſe and diſſolute, nor tyed by Mans command or Laws, any farther then God doth tye it, It hath pleaſed the reverend Author of the friendly debate, by an oppoſition in a Poſt-ſcript to his Appendix to draw me out to my defence, and a farther explication, mainly of what I have in a leſſer room before written.
I perceive there is an expreſſion fell from me among others of reſpect, concerning the Debater, that hath moved him to ſo much indignation that I know not how I ſhall pacific him, for a man ſhall not lightly ſee two or three ſheets of paper written thus tetrically upon ſo ſmall an occaſion. I receiv'd a caſe from you, a very weighty one it is, and as weightily and ſolidly reſolved, if the caſuiſt may be his own Judge. So he goes on; I muſt confeſs I lookt on this perſon as a Man of a moſt modeſt, humble, pious, ingenuous, calm temper, and I have the ſame opinion as to his worth and abilities as I had, but I do not like the ſpirit of this appendix, there is in the Apologiſt ſo much gentleneſs and care of offending, as hath ſeemed too much. On the contrary, here is in theſe papers ſuch a deal of animoſity, indignation, and that indeed which in women we call vixeniſh humour, but eſpecially ſuch an inveterate eſpouſing of a party, with that diſdain and contempt of every man, and thing, that appears againſt himſelf, or cauſe, that there is no do with him. Nevertheleſs I muſt needs ſay for my own part I am not yet converted to his opinion, but that I muſt think ſtill that a Nonconformiſt who hath not taken the Oxford Oath, may live within five miles of a corporation and yet be a good Chriſtian, or Miniſter of Chriſt.
And what is the ground for ſuch an imprudent expreſſion as this was, and that he ſhould continue the juſtification of it? The ground of all doth lye on this ſingle point as himſelf has it, whether humane Laws bind the conſcience? In the reſolving which point he is come here to an acknowledgement that there is difficulty.
He that finds none (ſayes he) may well ſuſpect that he does not fully underſtand it. And why is he ſo angry then, when he laid down his matter ſo inconſiderately in his firſt book; without any diſtinction or proviſion for any, that I ſhould ſay only he was not ſo reflective as he ought, upon all the things at leaſt, as he was to look to in ſo great an undertaking? Alas, that there ſhould be ſo much vanity and elation of mind, in impotent man, that if you commend him never ſo much, for what is worthy in him, you muſt give him more then he deſerves, or he will accompt what is due, but a diſparagement to him.
If you will praiſe a Man for his valour, and ſay he is as valiant as Hector, or Judas Maccabeus, it will not ſerve, unleſs you ſay alſo he exceeds Hercules, and make him wiſer too withall, then Solomon, and all Kings. I could be contented, to have wanted his good word (ſays he) upon condition he had not ſaid—What? why ſomething that is innocently true, he names, but that which ſticks, is, that I count him one more happy in his expreſſion and other abilities then in his depth or reflectiveneſs on the things he offers.
Whether I have herein judged amiſs, or not, I will be content to come to ſome tryal with him, and that I may treat with this Poſt-ſcript in ſome method, it is convenient I ſhould in the firſt place propoſe the determination of this caſe, or queſtion, as I have tendred it together with his conception, underſtanding or apprehenſion of it. In the next place that I ſhould take notice of his objections againſt it. It is convenient then that I and he take a review of the determination which he hath propoſed in the place of it. And laſtly that I anſwer to his exceptions, either here and there occaſionally as they fall in upon me, or more fully and induſtriouſly, at the end.