An humble apology for non-conformists with modest and serious reflections on the Friendly debate…

Quest. Is it not therefore enough to satisfy the Law to pay the Mulct or Penalty required in such Cases? (Vide Contin. pag. 22.)

Quest. Is it not therefore enough to satisfie the Law to pay the Mulct or Penalty required in such Cases? (Vide Contin. pag. 22.)

Answ. Mr. Perkins, famous both at Home and Abroad, for his great Piety and Learning, hath amongst his Cases of Conscience, this Case: Whether Students in Colleges, and Members of Corporations, are tied to observance of their Local Statutes, under pain of Perjury? In resolving whereof, he hath something useful, and pertinent to our purpose: He saith, That Statutes are of two sorts, Principal and Fundamental, or less principal; the first sort, belonging to the Being of the Society, are necessary to be kept under pain of Perjury: As ⟨p. 4⟩to the lest principal, namely, Statutes that are for Order and Decency, the Founder er Law-Maker exacts not Obedience simply, but either Obedience or the Penalty; because the Penalty is as much beneficial to the state of the Body, as the other, that is, as actual Obedience: And in this Case, he doth not charge the Breach of any Local Statute with the crime of Perjury. And Bishop Taylor, in his Rule of holy Living, Chap. 3. pag. 183. saith thus: As long as the Law is obligatory, so long our Obedience is due; and he that begins a contrary Custom without reason, sinneth: But he that breaks the Law when the Custom is entered and fixed, is excused; because 'tis supposed the Legislative Power consents, when by not punishing, it suffers Disobedience to grow up to a Custom. And I have formerly learnt it for good Divinity, That every mere or bare Omission to do a thing required by Law, is not a sin, (extra casum scandali & contemptus) provided it be not done scandalously and contemptuously, or with offence to our weak Brother, and in contempt of the Magistrate.

Answ. Mr. Perkins, famous both at Home and Abroad, for his great Piety and Learning, hath amongst his Cases of Conscience, this Case: Whether Students in Colledges, and Members of Corporations, are tied to observance of their Local Statutes, under pain of Perjury? In resolving whereof, he hath something useful, and pertinent to our purpose: He saith, That Statutes are of two sorts, Principal and Fundamental, or less principal; the first sort, belonging to the Being of the Society, are necessary to be kept under pain of Perjury: As