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To be copied
a doubt, whether human laws are
binding upon mens consciences." He Vol:1. Page 57.58
holds that they are so when they relate
to rights, or to natural duties, or to offences
which he calls, mala in se,but not when
they relate to positive duties or to things "in relation to those Laws which enjoin only positive duties, & forbid only such things as are not mala in se, but mala prohibita merely, annexing
which are not (as he says) mala in se "a penalty to the non compliance here I apprehend <add> Conscience is no farther concerned than by directing a submission to the penalty in case
but mala prohibita. Now without stopping to ascertain the distinction between laws binding upon Conscience, and laws not binding upon Conscience, it is evident that our author supposed men under a less degree of obligation to the former than to the latter. And therefore that a good moral man, and a good member of Society, or in other words a good Citizen, are distinct characters Men. I defy the "of our breach of those Laws. — In these cases the alternative is offered to every man - either abstain from this or submit
whole School of Loyola to produce any "to such a penalty, & his conscience will be clear, which ever side of the alternative he thinks
thing more destructive to the peace of "proper to embrace." — Excellent casuist! I defy the whole school of Loyola to produce a better
Society, and therefore more destructive or more convenient one. [For Without stopping to to ascertain what our author means by Conscience, by Laws binding on conscience, & laws not binding on
of all true morality, is absurd Conscience, thus much is clear, that his opposer <add>that a good moral man a good mans besof Society, or in other words is a to be distinct and independent character from a good Citizen: to be a distinct character <add>or a good member of Society: That Society
has not a right to our obedience to municipal Laws, as
such, so long as we can violate them without detection:
& that after detection we have performed the parts
distinction. of good citizens if we
submit to the penalty inflicted on a breach and that in relation to those laws which enjoin only
and that with respect to thatlaw of
87
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