A Golden Chain

Again, laws are either mixed or merely penal. Mixed, are such laws as are of weighty matters, and are propounded in commanding or forbidding terms: and they according to the good intention of the Lawgiver, bind men first of all to obedience, for the necessary good of humane societies; and secondly to a punishment, if they obey not, that a supply may be made of the hindrance of the common good. In the breach of this kind of laws, though a man be never so willing to suffer the punishment, yet that will not discharge his conscience before God, when he offends. If a man coin money with this mind to be willing to die when he is convicted, yet that will not free him from a sin in the action, because Gods law binds us not only to subjection in bearing of punishments, but also to obedience of his bare commandment, it being lawful; though he should set down no punishment.

Againe, laws are either mixt or meerely penall. Mixt, are such lawes as are of waightie matters, and are propounded in commaunding or forbidding tearmes: and they according to the good intention of the Lawgiuer, bind men first of all to obedience, for the necessarie good of humane societies; and secondly to a punishment, if they obey not, that a supplie may be made of the hindrance of the common good. In the breach of this kind of lawes, though a man be neuer so willing to suffer the punishment, yet that will not discharge his conscience before God, when he offends. If a man coyne money with this mind to be willing to die when he is conuicted, yet that wil not free him from a sinne in the action, because Gods law bindes vs not onely to subjection in bearing of punishments, but also to obedience of his bare commandement, it beeing lawfull; though he should set downe no punishment.

A law merely penal is that, which being made of matters of less importance, and not uttered precisely in commanding terms, doth only declare and show what is to be done, or conditionally require this or that with respect to the punishment, on this manner. If any person do this or that, then he shall forfeit thus or thus. This kind of law binds especially to the punishment, and that in the very intent of the lawgiver, and he that is ready in omitting the law to pay the fine or punishment, is not to be charged with sin before God: the penalty being answerable to the loss that comes by the neglect of the law. Here a question may be demanded; whether a man that hath taken his oath to keep all the laws or orders of any town or corporation, and yet afterward omits the doing of some of them, be perjured or no. The answer may be this, that the laws of every society and corporation must be distinguished. Some are very weighty (as I have said) being of the very foundation and state of a body; so as it can not well stand without them: and whosoever wittingly and willingly breaks any of these (they being good and lawful,) can not be freed from perjury. Again there be laws of lesser importance, that tend only to maintain decent order and comeliness in the societies of men; and they are of that nature that the estate of the corporation or town may stand without them: and whosoever upon occasion omits the doing of any of these, is not therefore perjured, so be it he carry a loyal mind and be content to pay the fine or penalty. For such kind of orders and constitutions, require first of all obedience; and if that be omitted, they require a mulct or fine; which, if it be willingly payed, the law is satisfied.