§. 70. Direct. 38. The question is much harder, whether the violation of every Humane Penal Law be 1a sin against God, though a man submit to the penalty? (And the desert of every sin is death) Mr. Rich. Hookers last Book unhappily ended before he gave us the full reason of his judgement in2 this case, these being his last words, [Howbeit, too rigorous it were, that the breach of every Humane Law, should be a deadly sin: A mean there is between those extremities, if so be we can find it out.—] Amesius hath diligently discussed it, and many others. The reason for the affirmative is, because God bindeth us to obey all the lawful commands of our Governors: And suffering the penalty is not obeying; the penalty being not the primary intention of the Law-giver, but the Duty; and the penal•y only to enforce the duty: And though the suffering of it satisfy man, it satisfieth not God, whose Law we break by disobeying. Those that are for the Negative, say, that God binding us but to obey the Magistrate, and his Law binding but aut ad obedientiam, ant ad poenam, I fulfil his will if I either do or suffer: If I obey not, I please him by satisfying for my disobedience: And it is none of his will, that my choosing the penalty should be my sin or damnation. To this it is replied, that the Law bindeth ad poenam but on supposition of disobedience: And that disobedience is forbidden of God: And the penalty satisfieth not God, though it satisfy man. The other rejoin, that it satisfieth God, in that it satisfieth man; because Gods Law is but to give force to mans, according to the nature of it. If this hold, then no disobedience at all is a sin in him that suffereth the penalty. In so hard a case, because more distinction is necessary to the explication, than most Readers are, willing to be troubled with, I shall now give you but this brief decision:3 There are some penalties which fulfil the Magistrates own will as much as obedience, which indeed have more of the nature of a Commutation, than of Penalty: (As he that watcheth not or mendeth not the High-ways, shall pay so much to hire another to do it: He that shooteth not so oft in a year, shall pay so much: He that eateth flesh in Lent, shall pay so much to the poor: He that repaireth not his Hedges shall pay so much): and so in most amercements, and divers Penal Laws;
§. 70. Direct. 38. The question is much harder, whether the violation of every Humane Penal Law be 1a sin against God, though a man submit to the penalty? (And the desert of every sin is death) Mr. Rich. Ho•kers last Book unhappily ended before he gave us the full reason of his judgement in2 this case, these being his last words, [Howbeit, too rigorous it were, that the breach of every Humane Law, should be a deadly sin: A mean there is between those extremities, if so be we can find it out.—] Amesius hath diligently discust it, and many others. The reason for the affirmative is, because God bindeth us to obey all the lawful commands of our Governours: And suffering the penalty is not obeying; the penalty being not the primary intention of the Law-giver, but the Duty; and the penal•y only to enforce the duty: And though the suffering of it satisfie man, it satisfieth not God, whose Law we break by disobeying. Those that are for the Negative, say, that God binding us but to obey the Magistrate, and his Law binding but aut ad obedientiam, ant ad poenam, I fulfill his will if I either do or suffer: If I obey not, I please him by satisfying for my disobedience: And it is none of his will, that my choosing the penalty should be my sin or damnation. To this it is replyed, that the Law bindeth ad poenam but on supposition of disobedience: And that disobedience is forbidden of God: And the penalty satisfieth not God, though it satisfie man. The other rejoyn, that it satisfieth God, in that it satisfieth man; because Gods Law is but to give force to mans, according to the nature of it. If this hold, then no disobedience at all is a sin in him that suffereth the penalty. In so hard a case, because more distinction is necessary to the explication, than most Readers are, willing to be troubled with, I shall now give you but this brief decision:3 There are some penalties which fulfil the Magistrates own will as much as obedience, which indeed have more of the nature of a Commutation, than of Penalty: (As he that watcheth not or mendeth not the High-wayes, shall pay so much to hire another to do it: He that shooteth not so oft in a year, shall pay so much: He that eateth flesh in Lent, shall pay so much to the poor: He that repaireth not his Hedges shall pay so much): and so in most amercements, and divers Penal Laws;
- 1Direct. 38.
- 2Eccl. Pol. l. 8. p. 2•4.
- 3On second thoughts this case is fuller opened afterward.On second thoughts this case is fullier opened afterward.
