Notes Towards a Doctrine of Christian Liberty: Liberty and Human Law

Richard Hooker, Lawes of Ecclesiastical Politie, Book V, ch. 71, sect. 3:

It is not they [the Puritans] saie in the power of the Church to commande rest because God hath left it to all men at libertie that if they thinke good to bestow six whole daies in labor they may, neither is it more lawfull for the Church to abridg anie man of that libertie which God hath graunted, then to take awaie the yoke which God hath laid upon them and to countermande what he doth expreslie injoigne.  But without some expresse commaundement from God there is no power they saie under heaven which may presume by any decree to restraine the libertie that God hath given.  Which opinion, albeit applied here no farther then to this present cause, shaketh universallie the fabrick of government, tendeth to anarchie and meere confusion, dissolveth families, dissipateth colleges, corporations, armies, overthroweth kingdomes Churches and whatsoever is now through the providence of God by authoritie and power upheld.  For whereas God hath foreprised thinges of the greatest waight, and hath therein precisely defined as well that which every man must perform, as that which no man maie attempt, leaving all sortes of men in the rest either to be guided by their owne good discretion if they be free from subjection to others, or els to be ordered by such commaundementes and lawes as proceed from those superiors under whome they live, the patrons of libertie have heere made sollemne proclamation that all such lawes and commandementes are voide, in as much as everie man is left to the freedom of his owne minde in such thinges as are not either exacted or prohibited by the law of God, and because onlie in these thinges the positive preceptes of men have place, which preceptes cannot possiblie be given without some abridgment of theire libertie to whome they are given, therefore if the father commaund the sonne, or the husband the wife, or the Lord the servant, or the Leader the souldier, or the Prince the subject to goe or stand, sleepe or wake at such times as God him selfe in particular commaundeth neither, they are to stande in defense of the freedom which God hath graunted and to doe as them selves list, knowing that men maie as lawfullie comaunde them thinges utterly forbidden by the law of God, as tye them to any thinge which the law of God leaveth free.  The plaine contradictorie whereunto is unfalliblie certaine.  Those thinges which the Law of God leaveth arbitrarie and at libertie are all subject unto positive lawes of men, which lawes for the common benefit abridg particular mens libertie in such thinges as farre as the rules of equitie will suffer.  This wee must either maineteine or els overturne the world and make everie man his own commander.

 

 

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