Of the breac/, of Penal Larvs. or fofpending will. As for inJlanc~, _U~on the burning of Lomlrm, there were·many L;1ws (about coming ro P~rilli Churches, and rd_1ct of the poor of the Pari!h, and the like,) that the peopJe bC– came ~ntapable.of obeying: And IIW>S to be fuppoC.d, that rhc Rulers Will would have been to ro have excepted filch CaRs rf foreften ; and that they did difpenfe with them when they tell out. . · 7·Sometimes alfo the penalty of violating a Law, is fame fuch MlllC! or fervice, which the Ru– ler inti::ndeth as aCommutation for a:he duty, fa that he freely ·Jeav~:rh it to the choice of the {Ub– jcCl: which he will choofe. And then it i! no fin to pay the Mull:!, and omit the ACl:ion; becaufe it croffrth nor the Law-givtrs will. 8. Sometinles alfo the Law may command this principally for fome mens f;~kc, whicf 1 fa little concerns others, that it !hould not cxtCnd to them at all, were it not leA: the Liberty of them fhould be an irnpedimentto thC obcdlcnct: of oth·ers: and ·can[equently of the common good: In which cafe, if thofc: p rlons fo little COJlCCJOc~, do but orr.it the :u5l:ion fecre(!yJ fa as to be no fcandal or publitk hurt, it feemetn that they have the implicite Confent of the Rulers. 9· Sometimes p<l.rtic.ular duties are commat~ded with this exprefs exception, [ Vnltfi they have i•JI •nd reafo~table impediment J ( As for commg every Lords Day to Church, &c. ) : which feern– e<h tO itnply, that .(though in cafes wbrre the publick I',QOd is concerned, the perfon himfelf fhall not beJudge, nbr at all as to the penalty; yet that) in atl:ionsofan indifferent n.tture in themfeives this exception is fiill fi1ppoled to be implyed, [ Vnlrfi we have juft and rta/onabie imptdimtntr J of which in private Cafes, as to the Crjmc, we may judge. IO• I need not mention the common natural exceptions: As that Laws bind not to a thing when ir becorneth naturally impotlible ; or, crffame ma•eria, vel cap'!citate jubjetJi obligati, &c. 1 ,. LaWs may change their fenfe in part by the change of th( Law-i,iver: For the L1w is not formally to us his Law that is dead and was once our Ruler, but his that is alive and is now our Ruler. If Henry the eighth make a Law about the cutward aCjs of Religion ( as for coming to Church, &c.) and this remain unrepealed in King Edward.r, Q:een Mariti, Q!_een Eliz.abethJ , King Jamu his daycs, &c. even till now_: As we are not ro think that the Law-g1vc:rs had the fame fen(e and will fo neither that rhe Law hath the fame fcnfe and obligation: For if the general woras be cap1ble of feveral fenfes, wemull not take ic as binding to us in the fenfe ic was made in, but in the fcnfc of of our prefcnt Law-givers or Rulers; bccaufi: it is their Law. 12. Therefore if a Law had a fpecial Rca'ron for it at the firft making (as the Law for ufing Bows and Arrows) that Reafon cea{ing we are to fuppofe the Will of the Law-giver to remit the obliga– tion, if he urge not rhe execmion, ind renew not the Law. 13. By thefe plain principles many.particular difficulties may be eafily refolved, which cannot be forcfcen and named : ,, g. The Law againfi relieving a beggar binde\h not, when he is like to dye if he be not relieved o, or in fuch a cafe is after the burnfng of Lsndon, when rhere was no Parifb ro bring him to. A Law that is but for the ordering of mens ciJarity, ( to{oHl, or botly) by preaching or almt) will not difoblige me from the Duties of Chaticy thcmfekrcs, in cafes where Scripture or Nature prove~ eth them to be impofed by God. A Law for fafting will not bind me, when it would be dellruchve to my body : even on Gods Sabbaths duties of mercy were to be preferred to Refi and S.critices. 14· IfGods own Laws mufi be thus expounded, that [ Wben twodwiet cQmt togtther, ani bot!J cannot be done, the ltf[er cfajtth at t/Jat tinie tn be a 'duty, and tht greattr it to be pre{errtd], mans Laws mufl alfo be necclfarily fo expounded: And the nther b<Ji:aufe mans Laws may becontradittory whenGods never are fo, rightly undullood. '·· 1 5. where the fubject is to obey, fo far he niufi difcern which of the L1ws inconfiftent, is to be preferred: But in the Magifiratical execution, tht M1gifiratc or Judge mun dcrcrmine. E. g. One L•w commandeth that all the needy poor be kept on the Parifh where they were born or Jali lived. Another Law faith, that Non-conformable MiniHers of the Gofpd who take not the OxfordOath (hall not come within five miles of City or Corporation ( thougli they were born there) or any pl.ce where they hauc been l?reachers. In cafe ofnmfiiry, what (hall they do? A..[w. Whi– ther theyjhaU go for relief, they mufl difcern as well as they can : But whither they !hall be carrir;d or Jenf, the Magifirate or Conflable mufi difcern, and judge. . Alfo Whether he (hall. go with a Conlhble that by one Law bringeth him to a plae< which by the other Law he is forbid on pain of fix months imprifonment in the Common Gaol to come to? An[w.lf he be not voluntary in it, it is not his fault: And if one bring him thither by foroe, and and another imprifon him for being there, he mult patiently fuffer it. t6. But out of fuch excepted Cafes, the L•ws of our Rulers (as the corrunands ofParents) do bind us as is afore explained: And it is a fin againfi God to violate them. 17. Yea, When the reafon of rhe Law icacheth cot our particul-ar care and perfon, yet when we have reafon to judge, that it is the Rulers will that all be bound for the fake of fome, and the com– monotder and good will be hindered by our exemption, we mufi obey to our corporal dc:triment, to avoid the prlblick detriment, and to promote the publick good. CHAP.
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