A Golden Chain

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.

A law meerely penall is that, which beeing made of matters of lesse importance, and not vttered precisely in commanding tearmes, doth onely declare and shew what is to be done, or conditionally require this or that with respect to the punishment, on this manner. If any person doe this or that, then he shall forfeit thus or thus. This kind of law bindes especially to the punishment, and that in the very intent of the lawgiuer, and he that is readie in omitting the law to pay the fine or punishment, is not to be charged with sinne before God: the penaltie beeing answerable to the losse that comes by the neglect of the law. Here a question may be demanded; whether a man that hath taken his oath to keepe all the laws or orders of any towne or corporation, and yet afterward omits the doing of some of them, be periured or no. The answer may be this, that the lawes of euery societie and corporation must be distinguished. Some are very weightie (as I haue said) beeing of the very foundation and state of a bodie; so as it can not well stand without them: and whosoeuer wittingly and willingly breakes any of these (they beeing good and lawfull,) can not be freed from periurie. Againe there be lawes of lesser importance, that tend onely to maintaine decent order and comelines in the societies of men; and they are of that nature that the estate of the corporation or towne may stand without them: and whosoeuer vpon occasion omits the doing of any of these, is not therefore periured, so be it he carrie a loyall mind and be content to pay the fine or penaltie. 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 paied, the law is satisfied.