living in the defiance of it The instance I have says he is of the defiance of a law in which some men live This word defiance therefore he hath up three or foure times besides the cotation in the margent and bidding us mark the word But I pray why must the Waggoner that every day transgresses the law concerning his Waggon or any other the like instance be accounted with this man only to live in the transgression of that law and the Non-conformist in his non observance of the Oxford act be adjudged to live in the defiance of it Alas who does not see here into what a pitiful shifting case he is driven or who does not perceive what is worse that is the animosity pevishness or overbeâ—tness to speak with candour of the manâ— mind against the Non-conformist which does hinder him the coming off here with that ingenuity as he should do which is by confession of several of his imprudent speeches and craving pardon for the intemperance he hath used But in the last place there are still degrees of sin and the man that breaks other laws may not be so deeply guilty as he that lives in the breach of the act at Oxford Let us see then what he can alledge for this The more needful a Magistrate judges a thing to be done or avoided or the more his will is set upon it the greater or less is the sin of him who breaks such a Law Now he argues from the Preface and the Penalty of the Oxford act how much the will of the law-giver is set upon the observation of that act unto which I answer besides that Dr. Taylor doth toll us that the greatness of the penalty doth sometimes show the smalness of a thing that is forbidden as thaâ— which else would not be regarded and not the haniousness of the transgression it does appear that the will of the law givers in that act was set upon the Non-conformist taking the oath there prepared as that they would have enforced them to by so great and present a danger and was the thing which seemed to them so apt to prevent the evil supposed in the preface when as for their living within five miles of a corporation otherwise we cannot think the minds of the Majority to be at all engaged in it Now this Debater should have endeavoured to give the Non-conformist satisfaction in referrence to his taking the Oath if he would have served the State according as the will of the law-givert were then set but this was a task which he hath declined although he was put upon it and directed to their objections in the defence of the proposition There is somthing after this which may be said that though this distinction or degrees of sins will stand him in no advantage for the opposing my determination or justifying his censure of the Non-conformist to be no good Christian yet may it be of use to him to alleviate the harshness of his judgement in the main that human laws do oblige the Conscience so as without discrimination he that observes them not does sin Hence when he proposes the case of a law-giver enjoyning a thing to some particular good for the publick and it appears that he is mistaken this Debater does continue still such an obedient Soul has he above others that though he be not bound to be of the lawgivers judgement yet does he take himself bound he means bound in Conscience to follow his will even while it were better for the publick it were other wife or dained There are casts we know sometimes wherein by the change of things and occasions as in Seiges that which was for the publick good does suddenly turn to its hurt In such instances we are not to obey a law sayes Aquinas which Dr. Taylor hath noted and there is no doubt to me in the Case where the lawgiver is mistaken in a matter the like reason ought to prevaile But if he be thus resolved let us know how the degrees of sin will help him out at a need Let me suppose a poor man who is render in his Conscience and fears God coming to this reverend Person and telling him this case His Grand-father got aâ—â—â—â—ttle mony and built him a small Cottage on such a waste ground his Father lived in it and bestowed more cost of it and hath left it him where he and his wife and children have lived comfortably uppon his labour but now it hath so hapned that being the other day at his Masters where he wrought he heard one read a certain book called the Friendly Debate where he perceived about the very begining that the Author was of the mind that a man could not live in the breach of the Law of the Land and be a good Christian and he hath understood long by his Father that it is against the Law for any cottage to be erected withot four acres of ground belonging to it Upon this he being afraid of his condition in regard of his open living in a known wilful transgression of a statute of the Realm wherein he cannot think but that it is a very plain defiance of a-Law as that book speaks he is come to him to see what he can offer for the reâ—eiving his Conscience If this author here deal roundly and plainly with the man he must tell him that there is no remedy but he must pull down his house and he and his wife and children be turned to beging rather then by his living in a known sin without amendment he should be damned It he deal otherwise then he may tell him that though indeed every transgression of a human Law be sin yet there are degrees of sin and this sin of his is a lesse sin then that of the Non-Conformist living in the breach of the Oxford Act and therefore he should be of good comfort and go home in peace I pray now will this indeed serve a Conscientious man It is nothing to him that another's sin is greater then his he is to look to his own soul and if he lives in the least sin with full knowledge and consent and hardens his heart in it he cannot see how he should be saved So that unless you satisfie him and that upon good ground that every transgression of a Law is not sin and then shew him how his transgression is but such a one you are not able to stand him in any stead in his Case I remember a text of our Lord which I haue often thought upon that by a mans words he shall be justified and by his words he shall be condâ—mâ—ed The â—harises were men very holy in their profession and did tye very heavy burthens upon others but when they were to perform the same themselves they were it is like backward enough our saviour Christ therefore meets with them for these shews without reality and words without performance Verily I say unto you that for every Idle word a man shall
THE OBLIGATION Of Human LAWS Discussed By J. H. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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
enforce the thing to be done if he will whether a man does do it out of Conscience or out of discretion only out of fear of God or fear of the law or his sword The Magistrate cannot take any cognizance out of what principle a man acts the judgement is not within his jurisdiction and if a man doth not act out of Conscience he cannot make him It is sufficient so long as a man acknowledges his authority from God that he must therefore be subject and must not resist and consequently if in good earnest he stand upon it and will have obedience from him let it be in any thing but sin there is no help for him that is he may not help himself by resistance but he must yield to it whether he will or no. This is that which secures government and Governors Let every man be held bound in Conscience but thus far and as for the rest it is a matter concerns each ones own soul only and his private peace and it will become those that are prudent to be very tender what they determine in the business It is true this reverend Person thought I believe he had spoken well in his saying that it is hard to write any thing more inconsiderate and dangerous then that I have but if a man should write any word against subjection to Magistracy or his own present Magistrate or that it were lawful to resist if the Magistrate should impose any law against the common good when yet it is not sin I account many times not to obey it and escape if we can without resistance this let me tell him were dangerous I cannot say more dangerous because the other is not dangerous that the man may receive some shame and conviction for his own being so inconsiderate in his censure of what he understood no better This Debater shall not have I will warrant him a breath or Title of this nature from me Nay if a law be good I mean politically good and a law is politically good where it is for the common good I am ready to believe and hold it is obliging obliging to the Conscience not only that we must obey rather then resist which we must do if the thing be politically evil unless we count suffering to be better but if we could escape with man we must yet do it I count least we offend God if a law be not politically good I say we must not resist for all that and upon that account rather then suffer we are lyable to obedience And what is there now or what reason is there that any should desire more Let us here our man of Proverbs A man must not resist sayes our Casuist that is express and rather then resist he must suffer but this is to steal a goose and stick a feather I thank him first for this that he hath not left out this passage wholly in this place least his Reader else might have thought me indeed some dangerous person whereas these words have acquitted me and I answer that this Goose he speaks of my stealing is the thing ought to be stolen or removed and that which he makes so light of is to be brought in the Room of it to wit this man is of opinion that human laws even all laws indefinitely bind the Conscience so that a man must sin if he break any of them This is his Goose that is his foolish opinion an opinion intollerable and instead of this that which I would bring in is that though we conceive there be some laws which if a man sometimes observes not he is not to charge himself with sin yet if he be compelled by the lawful Magistrate rather then resist he must suffer and rather then suffer obey But why must he sayes he when he is already perswaded that he need not unless he be forced this is strange where is this Debaters reason I say he must though he should not sin else by neglect because he is forced and cannot help it but for avoiding of suffering he does it But wrath or suffering is not to be feared when the multitude is agreed not to be injured I answer here is the want of the distinction which this author would not take from me between the authority which is in the Magistrates Person and that of his commands The one is from God immediately the other mediately by vertue of the things commanded being for the common good and so particulars of that generall morall duty which is required of God Some may use other words to express this distinction by the Magistrates authority it self and the exercise of it in his commands or laws but this must be known that distinguish we must here to the same sense I intend and be very careful too of the distinction or we shall be lost If the multitude be agreed not to do a thing that is ill it is well I take it and as they ought it was manifestly Jonathans case But if they agree together not to suffer if the Magistrate will enforce the thing let there be but the least Officer will act in it then they resist and sin against God and it is not justify able upon any terms suppose a whole army and but two men in it will stand by the Prince he may I must affirm to speak strictly on the point of Conscience by these two men alone punish a whole army for any thing they refuse to do and they must bear it and cannot help themselves but with sin which they must not do For he that resisteth the power resisteth the ordinance of God and receiveth to himself damnation We know the case under Maximinian when a whole legion of Christians were commanded to sacrifice and they chose rather to suffer decimation twice over being executed man by man rather then defend themselves while their lives were at stake and the sword was in their hands Such a Conscience ought we to have of our subjection and so much does the concern of government and the whole World lye upon it when of obedience as to some particular commands we need to have none In short there lyes no obligation upon Conscience sometimes to obey but there does alwayes not to resist and that both serves the Magistrate turn and suffices when he pleases to have a civil thing done CAP. VIII I will not yet leave his last reason seeing he layes so much stress on it and his strength of all comes to this I do not take here his very words but matter which he may express as he will otherwise The People must not be allowed to judge of their own actions which are commanded by the Magistrate about civil things because they will be swayed by their own interests and judge those Laws against the publick good which are not for their private profit by which means unless they be taught and hold that all Laws indefinitely do bind their Consciences they will notwithstanding the Magistrates power absolve
themselves from what they please no Laws will be observed and all Government come to the ground Unto this as his substance besides my answer I have already given I shall crave leave to offer a few considerations In the first place this is certainly a shalâ—â—w apprehension which must suffer a conviction from the constant experience of the world For how is the world governed there is not one of a hundred that observes the Laws out of Conscience if they did then must they for ought I know be careful to gâ—t the Statutes and read them as their bibles which one of a thousand never do But men understand it they do such or such things they are lâ—able to be sued or to be bound to the Sessions or the like and to avoid the danger of the Law they observe it Now it is a foolish thing to say the Laws will not be observed or the world will not be governed unless by another means then that by which it is governed and the Law are observed Our Nations and Heathen Nations and those Nations which never had the fear of God to believe a judgement to come have been kept under the observation of the Laws of their Country by these means In the second place this is not only against universal experience but it confronts the very institution of God the appointment of the Magistracy God hath made the Magistrate his Minister and put the sword into his hand for the ordering and governing Societies and Common wealths and if this indeed will not serve that purpose then you render his institution insufficient and make his Minister to bear the sword in vain The Law sayes the Apostle is not made for the righteous but the disobedient and unrighteous If all were righteous and would of themselves make Conscience of doing what they should do there would be no need of Magistrate or Law but when the Law and Magistrate is appointed for this end to bring the refractory to order and those that make no Conscience of what they do to be ruled how fond must the imagination be which conceits unless men do first beleive themselves bound in Conscience to obey they will not observe the Laws In the third place if it be for some persons particular interest to break the Laws it will be the concern of others that they be forced to keep them if they be indeed for the common good so shall they joyn with the Magistrate in his causing the execution of them This indeed is that which upholds all Laws that are good The publick interest being greater then the private does uphold them Whereas if a Law be not really for the publick good this is one certain reason at the bottom of its invalidity and decay because it hath not root enough upon the publick utility to maintain it self against particular enchroachments If a Non-conformist come within five miles of a Corporation there is no body hurt by it and no body like to be concerned at it were this a thing truly conducing to the publick good then must the publick be disadvantaged in their breach of that Law and if the publick then must some more eminently and those should be as much concerned that they obey as themselves to avoid the observation By the way when the advantage for the publick does not countervaile and exceed the private loss or dammage that particular persons shall suffer by a Law such a Law I take to be unjust or at least Politically evil and binds not the Conscience However that which I here affirm is that whether men make a Conscience of a Law or not if the Law be good the publick advantage will prevail when the Magistrate is minded or cause it to be observed In the fourth place it is a thing very unpolitick to offer to the world any principle upon which it should be governed which is other then that which does govern it If the world be governed by the Magistrates sword and the Conscience only that we must not rebell and is governed as well as ever it is like to be governed it is but an unhinging the world to pretend they must receive this principle that human laws bind the Conscience or else there will be no need to obey seeing the People may joyn and chuse not to be forced as he speaks It is a saying if a Horse knew his strength what might he not do he would not let man ride him and use him as he does If the world knew their strength that the Magistrate indeed could not punish them whatsoever they did unless they joyned with him one against another when there is just cause for it they might shake off every yoke but as the whole body of the People cannot be made to know this so as at once to agree upon it any more then the Horse can though every particular man does know it so were it an utterly ruinous thing to speak of it if they could It is true if the people did agree together which agreement is their strength and they cannot know one anothers present minds all that they would not be forced they might choose but then when they made no Conscience to resist how should this man think upon his principle that they would make such Conscience to obey In the first place it does seem to me a pernicious thing to the souls of pious and tender Christians to lay any such load upon the Conscience which is more then it can bear I say there is no temptation hardly more dangerous to the undoing of a soul then to press it upon such things as goes beyond it and over sets it If a man does believe he is bound to make Conscience of every command of his superiour and Law of the Realm or else he doth sin it is enough to make him cast off all the Laws and when his duty is made so grevious to him that it seems impossible for him but to live in sin to be ready for resistance next and then all Magistracy is gon The way to have some Laws obeyed out of Conscience is to take off its obligation from others and if a Magistrate indeed might choose whether his Subjects Consciences should be bound by all his Laws or not there is good reason for him to be content that the matter should be as it is They are bound in Conscience not to resist and he knows not his own strength if he desire any more although when a Law is for the common good then is there Gods command also which takes place There is one thing I cannot but add which might make another consideration what if a despotical Prince was so wicked as resolving to be damned himself to seek the damnation of all his people and should thereupon make so many Laws and about such trivial things on purpose that none of his Subjects might regard to keep them but live and die in the wilful breach of them I pray let this Debater tell me