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cause_n efficient_a end_n final_a 2,172 5 9.9792 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A45145 The obligation of human laws discussed. By J.H. Humfrey, John, 1621-1719. 1671 (1671) Wing H3696; ESTC R224178 62,408 149

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of God as the word is The Rule and supream Law which God hath appointed for things Political is the common good If the Magistrate command any thing in Religion and it be not according to Gods word then Conscience cannot be bound to it as Religious though the outward Man I think therein also is bound if it be not against Gods word It the Magistrate command any thing of moral concern if it be against the Law of nature or common principles of Light in Man that is the moral Law in the heart the Conscience cannot be bound but must refuse it If he command any thing which is civil or Political and it be against the common good then is it not agreeable to Gods will being not consonant to the rule he hath commanded for civils and consequently the Conscience cannot be obleiged by it upon that accompt In the mean while so long as it is not against conscience otherwise that is so long as it is not sin the outward man is bound and if the Magistrate will constrain a person to it rather then suffer he will obey There are several books and Sermons of Ministers about Religion which do bind the Readers and Hearers by vertue of Gods will but the supream Rule is Gods Word unto which consequently if what they have said or writ be not consonant the Conscience is not bound and according as the Conscience of a Man is convinced whether that which the Minister says be agreeable to the word or not so is it bound or not bound by it The case is the same in Laws The Magistrate doth give us such and such particular commands or Laws His authority he hath from God The will of God as the supream Law or Rule in Politicalls is that the common good be attended and advanced They are Gods Ministers a sending continually upon this very thing So far as his Laws or commands then are agreeable to the common good so far is his Authority good and must obleige the Conscience being from God And so long as a man is convinced in Conscience that they are agreeable thereunto he must be in Conscience obleiged but if he be sincerely perswaded that such or such a thing commanded be not for the publick good the case is but the same with what I said in Religion when the Ministers exhortation disagrees with the word The Magistrate is but Gods Minister in Politicals and his commands disagreeing with the supream Law the common good the Conscience cannot be obleiged in this Case Nevertheless so long as the outward Man is in the Magistrates power and the Subject may not resist he can command obedience out of the case of sin when he pleases to exert his Sword Before I pass off I am made a little sensible how apt our question may be wrested into a dispu●e about Terms It is hardly proper to say this or that Law binds the Conscience for Conscience is the discerner of my duty and it were more proper to say my conscience binds me to this Law then that this Law binds it It is scarce proper neither to say the Conscience is bound seeing it is the person is bound Conscience is placed in the understanding and when a thing becomes a Mans duty the will is obleiged rather then the understanding It is not easie likewise to apprehend how the outward man is bound with distinction to the Conscience considering that this obligation hath it's rise and vertue from our duty of not resisting unto which we are always bound in Conscience The term Resisting likewise is liable to diversity of acceptation It is convenient therefore for me in my way to give the sense of my Terms if it be not yet done enough to prevent needless contention By human Laws I understand the declaration of the will of the rightful Governor what he would have his Subjects do I will not also put in the end of Laws in order to the common good because that will presently spoyl the question For where the efficient is our rightful Ruler and the Law serves indeed for that end or hath it's right final cause also there is no question of its obligation Yet if I leave out the end the question indeed may be whether such a declaration be a Law rather then whether it binds Nevertheless as I make a case of conscience of it and count all our Acts of Parliament Laws it is all one in effect to me whether you say such a Law binds not or such an Act or Law is no Law and binds not Ex quo intelliges eos qui perniciosa et injusta populis jussa descripserius cum contra feceriut quod polliciti pro fessique slat● quoduis potius tulisse quam leges Cicero de legious By Conscience I understand a faculty in Man of descerning Gods Judgement concerning himself and Actions It is more proper to say a faculty is obleiged then an habit or an Act and that faculty which man hath hereunto is charged whilst himself is to judge whether such a thing commanded be his duty in relation to God or not By obligation I understand the constitution of a due Obligare est jus constituere By obligation of the Conscience I understand the constituting a thing to bedue from me so that if I do it not I must account or judge that God will condemn me for the neglect or the making a thing my duty so that if I leave it undone I sin The obligation of the outward man I account the constituting a thing to be due from me so as if I do it not I may not resist though I be punished or I may be punished and ought not to resi●t though I could avoid both the thing and punishment by resistance The word lacere says Grotius from one line of whom a man shall have more Instruction sometimes then from anothers book is distinguished in id quod impune fi● and in id quod v●tio caret So must we say the word obligare is distinguished into that which if we do not the thing makes us liable to punishment in foro humano or according to the law or that which if we do it not makes us liable to sin That is there is an obligation human only which we have had before that tyes us to obedience upon the penalty of the law or an obligation divine also which ties us to the duty upon the pain of Gods displeasure eternal condemnation The one of these we call the obligation of the outward man and the other of the Conscience By resistance lastly I understand the repelling force with force The word resistance may be taken largely or strictly Resistitur contra Imperium agendo aut vim vi reprim●ndo I take it in the last and strict sence Let me yet note one thing more when we distinguish in the obligation of human laws between the outward man and the Conscience we do not distinguish the outward man from the will when we distinguish