Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/73

§. 2. all the parts of a law the mot effectual is the vindicatory. For it is but lot labour to ay, “do this, or avoid that,” unles we alo declare, “this hall be the conequence of your non-compliance.” We mut therefore oberve, that the main trength and force of a law conits in the penalty annexed to it. Herein is to be found the principal obligation of human laws. and their laws are aid to compel and oblige; not that by any natural violence they o contrain a man, as to render it impoible for him to act otherwie than as they direct, which is the trict ene of obligation: but becaue, by declaring and exhibiting a penalty againt offenders, they bring it to pas that no man can eaily chooe to trangres the law; ince, by reaon of the impending correction, compliance is in a high degree preferable to diobedience. And, even where rewards are propoed as well as punihments threatened, the obligation of the law eems chiefly to conit in the penalty: for rewards, in their nature, can only peruade and allure; nothing is compulory but punihment. is held, it is true, and very jutly, by the principal of our ethical writers, that human laws are binding upon mens conciences. But if that were the only, or mot forcible obligation, the good only would regard the laws, and the bad would et them at defiance. And, true as this principle is, it mut till be undertood with ome retriction. It holds, I apprehend, as to rights; and that, when the law has determined the field to belong to Titius, it is matter of concience no longer to withhold or to invade it. So alo in regard to natural duties, and uch offences as are : here we are bound in concience, becaue we are bound by uperior laws, before thoe human laws were in being, to perform the one and abtain from the other. But in relation to thoe laws which enjoin only poitive duties, and forbid only uch things as are not  but merely, an- Rh