Selected quad for the lemma: cause_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
cause_n find_v great_a reason_n 2,541 5 4.6084 4 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A54203 The reasonableness of toleration, and the unreasonableness of penal laws and tests wherein is prov'd by Scripture, reason and antiquity, that liberty of conscience is the undoubted right of every man, and tends to the flourishing of kingdoms and commonwealths, and that persecution for meer religion is unwarrantable, unjust, and destructive to humane society, with examples of both kinds. Penn, William, 1644-1718. 1687 (1687) Wing P1352; ESTC R23116 25,930 41

There is 1 snippet containing the selected quad. | View lemmatised text

Vexations for the supposed Transgressions of the Mind and Will Laws that pretended to dive into the Breasts of Men and to discover Evil in their Thoughts as if enacted to torment the Souls of Mankind before their time In a word Laws that were abolish'd by Reason as soon as made for if Laws are grounded upon Reason and these Laws are contrary to Reason as it is plain they were for that Laws are made to redress not to increase the grievances of the People then were they null as soon as form'd For if Laws do not arise out of Natural Reason but are only made to avoid some greater mischief pretended to be foreseen we are not rashly to admit of such an Interpretation as to make that Sinful or Criminal which is otherwise Lawful Thus to seperate from the Church of England is a thing no way in it's self Unlawful and therefore cannot be made Criminal by a Law there being no natural Equity to make it so and consequently not Punishable by the Law. Nor can their Meeting in Conventicles be a Crime for that the Doctrine of men that teach those things which are Just and Honest can never be fear'd especially when they are exact in their Obedience to the Magistrate nor should their private Assemblies be envied or suspected as being Just and Innocent Men till they are convicted of being otherwise And therefore they that Persecute such People ought rather to be Prosecuted themselves for that by them the Law of Nature is brok'n in doing injustice to them that never offended and it is but natural equity to punish those that wrong their Neighbours without a cause Which Cause can never be found in a Law made contrary to Reason in a Law made to gratify the Ambition and Interest of a Single Party to the disturbance of the Greater part of the Nation which is contrary to the Common Good and consequently the End of Law. Moreover There is no Humane Law that can command or prohibit an Act purely directly and Secundum se internal And this is grounded upon the common Axiome Cogitationis Paena nemo meretur no man incurs the Punishment of Thought for the Law has nothing to do with Internal Acts and therefore because it cannot naturally and of it self punish those Acts therefere neither can it either command or prohibit them for the Legislative Power is Compulsive and if it cannot be Compulsive as to the inward Act neither can it make a Law in reference to it The reason of this Assertion is for that the Legislative Power among men is only ordain'd for preservation of the outward Peace and honesty of Humane Community to which those Acts have no Relation which are conceived in the Mind Then again this Power springs immediately from Humane Community it self by the means of Natural Reason Now there is no Humane Community that can grant a Power immediately and of it self over Actions meerly Internal as being altogether without the Limits of its Knowledge and without the Bounds of its Jurisdiction for no man is naturally subject to another in his Soul but in his Body Therefore said a Learned Schoolman He is in an Error who believes that Servitude lays hold of the whole Man the better part is excepted Our Bodies are lyable to our Superiours and Governours but the Mind is its own Lord and Master Then again The conditions of Humane Laws are That the Law must be Honest Just Possible convenient to Time and Place and conformable to Religion and Reason The Penal Laws are not Honest because they would enforce men to abandon the worship of God which in their Cons●●ences they have made choice of as believing it to be the most ●●●…e and conformable to Scripture and to submit themselves 〈◊〉 Ceremonies which they as firmly believe to be no way necessa●● for their Salvation but rather contrary to those Sentiments ●hich they have of the Truth of Sacred Adoration They are not just because they would bereave men of that Christian Liberty which all men have a priviledge to claim and which the most zealous promoters of the Penal Laws would take most heavily to be themselves depriv'd of In the Second place They ought to command those things which may be justly observed but these Laws would enforce men to Sin against the Dictates of their Consciences the Consequence is easy to any Thirdly The Penal Laws are not agreeable to Religion for they prohibit what the Laws of God allow which is Liberty of Conscience and uphold what the Laws of God prohibit which is Spiritual Tyranny and Dominion in matters of Religion Fourthly The Penal Laws are contrary to Reason and the common benefit of Civil Society for it is not rational that People should be Imprison'd Fin'd and Banished and common security of Liberty and Property be infring'd even to the loss of men lives and the depopulation of a Kingdom for pretences over which the Civil Magistrates pretends not to have any Jurisdiction Add to this That to rendering Laws effectual there are required all the three parts or sorts of Justice First Justitia Legalis whose Office is to aim at the Common Good and consequently to preserve the due priviledges of all the Subjects in general Secondly Justitia Commutativa which requires that the Legislator command no more then lies in his power Thirdly Distributive Justice which takes care that the private good of a few be not respected more then the public good of the whole Body In all which parts of Justice the Penal Laws being defective it follows that they were not duly made consequently invalid and no way obliging And this is the Opinion of all the Famous Casuists Aquinas Sctus Medina Caster Tolinus Panormitanus and others conformable to that of St. Austin himself l. 19. de Civit. Dei. c 21. The perverse Constitutions of Men are neither to be accounted nor to be said to be Laws when that is only to be accounted right and just which flows from the Fountain of Justice Now that it is the intrinsic end of all Laws duly made to aim at the Common Good is plain from the Laws of God themselves which are such that tho ordain'd by God himself to his own Glory yet he seeks therein not his own advantage but the good and benefit of men In like manner as all Humane Laws are imposed upon a Community of People so ought they to be made for the general good of that Community otherwise they are irregular for it is against all Justice to reduce the Common Good to Private Interest or to subject the whole to the part for the parts sake Another reason may be deduc'd from the end it self for the end must be proportionate to the Act its beginning and efficacy Now the Law is the common Rule of Moral Operations therefore the first Principle of Moral Operations ought to be the first Principle of the Law but the end or happiness is the first Principle of Moral Operations for in