Selected quad for the lemma: sense_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
sense_n	apostle_n	speak_v	word_n	3,803	5	4.2444	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A85413	Right and might well met. Or, A briefe and unpartiall enquiry into the late and present proceedings of the Army under the command of His Excellency the Lord Fairfax. Wherein the equity and regularnesse of the said proceedings are demonstratively vindicated upon undeniable principles, as well of reason, as religion. Together with satisfactory answers to all materiall objections against them. / By John Goodwin.	Goodwin, John, 1594?-1665.	1648 (1648)	Wing G1200A; Thomason E536_28; ESTC R188135	40,195	49

no right or priviledge of Parliament to Vote or Act contrary to their trust yet it is a right and priviledge belonging to this house that in case any of the Members shall at any time so act or vote they should not bee questioned or suffer for so doing at least not by any other power but by that of the House it selfe onely To this also I answer 1. By concession that this is indeed a right and priviledge of Parliament taking the word Parliament in a due and proper signification viz. for a Parliament consisting of a competent number of men not dead to their trust who are in a capacity of faithfulnesse and integrity to discharge the office and duty of a Parliament in endeavouring at least to relieve the pressures and grievances of the people to protect their liberties c. It is the manner of the holy Ghost himselfe in the Scripture frequently to deny the common Name of things to such particulars in every kinde which are defective in those properties for use and service which should be found in them and which are found in other particulars of the same kind Thus Paul expressely Hee is not a Jew which is one outwardly neither is that circumcision which is outward in the flesh But hee is a Jew which is one inwardly and circumcision is that of the heart in the Spirit not in the letter c. a Rom. 2. 28 29 So elsewhere when yee come together into one place this is not to eate the Lords Supper b 1 Cor. 11. 20. This is not c. meaning that as they went to worke that which they did deserved not the Name of an eating of the Lords Supper Therefore 2. By way of exception Sect. 36. I answer further that if by Parliament be meant any number of men whatsoever chosen by the people into Parliamentary trusts and sitting in that House where Parliaments truly and properly so called use to assemble about the great affaires of the Kingdome whether these men or the major part of them love the interest of the Kingdome and be cordially affected to the liberties of the people or no I know no such right or priviledge of Parliament as that specified A Parliament that is unusefull and unserviceable for Parliamentary ends is no more a Parliament then a dead man is a man or a Virgin defloured a Virgin And as a dead man hath no right or priviledge of a man truly so called belonging to him unlesse it be to be so ordered dealt with that he may not be an annoyance or offence unto others so neither doe I know any right or priviledge of a Parliament indeed appertaining to a Parliament politically dead and which is not animated with a spirit of faithfulnesse to the publique unlesse it be to be so entreated and handled that it may not destroy the publique Interest or endammage their Trustees the people in their liberties A terminis dimiuuentibus non valet argumeutatio It is a rule in Logicke that an argument drawn from termes of diminution is of no validity or force As for example when a man is dead it doth not follow that because he is a dead man therefore he is a man or hath the properties of a man as that hee is rationall risible or the like By the reason which rules in this principle or maxime our Saviour denyes that inference of the Jewes who argued themselves to be the children or seed of Abraham because they were his carnall seede or came from him according to the flesh If yee were Abraham's children saith hee to them yee would doe the workes of Abraham a John 8. 39. implying that because they did not the workes of Abraham they were not his children viz. in that proper and emphaticall sence wherein the Scripture is ordinarily to be understood when it speaketh of Abrahams children and of the great promises and priviledges belonging to them In like manner the Apostle Paul when hee speaks of the priviledges and blessednesse setled by promise upon Abraham and his seed still understands the word seed not in that diminutive or equivocall sense wherein it comprehendeth as well his carnall or wicked seede as that of a more noble descent but in that emphaticall weighty Gal. 3. 7. 9. 16. 29. and appropriate sence wherein it onely signifieth the children of Abraham indeed i. spiritually such and who resemble him in his faith and holinesse Rom. 4. c. See the Texts in the margent After the same manner when either the lawes or people of the Land in their accustomed discourse and consequently the Solemn League and Covenant speake of rights and priviledges of Parliament they doubtlesse doe not take the word Parliament in an equivocall and comprehensive sence wherein it may be extended to any thing which in any sence or consideration may be called a Parliament but in an emphatical restrained sence viz. as it signifieth a politicall body consistory or court of men chosen by the people into Parliamentary Trust faithfully prosecuting and discharging the import of the Trust committed to them If this property be wanting in them they are but a Parliament so called not having the worth or consideration whereunto such Rights and Priviledges which are called Parliamentary either according to principles of reason and equity or according to the intention of the first Donors or founders of them doe belong or appertaine The premisses considered evident it is that the Army did not violate or breake any the rights and priviledges of Parliament properly or Covenantly so called when they reduced the Parliament to the true nature dignity and honour of a Parliament by secluding such Members from it who altered the property and turn'd the glory of it into a lie 2. Be it granted Sect. 3. that the Army stood bound by their Covenant and Oath to preserve the rights and priviledges even of such Parliaments as that was which they divided yet they stood bound also by the same Covenant and Oath to such a duty or engagement the faithfull application of themselves whereunto in the case in hand did fairely both in the sight of God and men discharge them from that other obligation even as the duties of circumcising Cùm duo praecepta cōcurrunt majus debet servari In ipso Decalogo cum videmus duo inter se praecepta cōfligere et alterum ab altero impediri illud quod legis latoris ipsius sententiâ videbitur esse majus praserri debet Pet. Mart. in 1 Sam. c. 21. 3. and of sacrificing when the seasons appointed for them by the law fell on the Sabboth priviledged those from guilt in breaking the law of the Sabboth who performed them on that day It is a common rule avouched by the best of our Divines and by the light of nature and reason it selfe that when two duties or commands meete in such a streight or exigent of time that they cannot both receive that

it by argument v z. That it is lawfull for subjects though meere private men in case a Tyrant shall assault or set upon them as Thieves use to doe and offer them violence in case they want opportunity to implore the ordinary power for their reliefe and can by no other means escape the danger to defend themselves and theirs in the case of present danger against this Tyrant as against a private robber upon the high way b Subditis tamen merè privatis si tyrannus tanquam latro et grassator aut stuprator in ipsos faciat impetū et ipsi nec potestatem ordinariam implorare nec aliâ ratione effugere periculū possint in presenti periculo se et suos contrà tyrannum ficut contrà privatumgrassatorem defendere licet But concerning the true sence of the place Sect. 53. Calvin's apprehensions are of best comportance with the words which properly and primarily speake of magistraticall power or Authority in the abstract and this under such a circumscription and consideration onely as it proceeds from and is authorized by God and not of the persons of Magistrates at all otherwise then they administer this power in a regular and due order to the end intended by God in it which is as hath beene shewed from vers 4. the good of those that live under it First he doth not say let every soule be subject to the higher Magistrates but to the higher powers 2. Nor doth he say There is no Magistrate but of God but there is no power but of God Nor 3. doth he say the Magistrates that are but the powers that are are ordained of God Nor 4. Whosoeer acsisteth the Magistrate but whosoever resisteth the power resisteth the ordinance of God and they that resist viz. the power not the person shall receive to themselves damnation 5. He demands Wilt thou then not be affraid of the power not of the Ruler or Magistrate Chrysostome takes speciall notice of these expressions and thereupon commentarieth the place thus What sayest thou Paul Is then every Ruler ordeyned by God No saith he I say not so nor doe I now speake of particular Rulers or Magistrates but of the thing or matter it selfe 1. of the order or power of ruling For that there should be powers or Magistracy and that some should rule and some be ruled and that all things should not runne loosely and hand over head or the people bee like the waves of the Sea carryed hither and thither I affirme it to he the worke of the wisedome of God a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pareus himselfe likewise carryeth the words directly to the same point Hee names powers saith hee rather then Kings Princes c. because he would bee understood to speake not so much of the persons as of the order or ordinance it selfe of ruling For in the persons of Rulers vice oft times and causes of not obeying are found therefore he would have the powers to be differenced from the persons b Vocat autem potestates potius quàm Reges Principes c. ut non tamde persoins quàm de ordine ipso loqui intelligatur Nam in personis saepe sunt vitia caufa non obediendi ideò à personis discerni vult potestates It is true the Apostle names Rulers ver 3. where he saith Rulers are not a terrour to good workes but to the evill And ver 4. of the Magistrate or Ruler he saith that hee is the Minister of God to thee for Good and afterwards that he is a revenger to execute wrath upon him that doth evill But evident it is that in these passages hee speakes of Rulers and Magistrates not simply or at large but under the precise consideration of persons exercising the power which they have received in a due subordination unto God and with a single eye to the procurement of that good which God intended unto those who are to obey in his ordination of such powers So that nothing can be more cleere then that the adequate scope of the Apostle in the Scripture before us was to perswade Christians to owne and to subject themselves unto civill Authority as the ordinance of God so farre Sect. 54. and in such cases as it should be administred by the persons invested in it in a regular and due proportion to the benefit and good of those i. of those communities of men respectively who live under them and from whom obedience and subjection are upon such an account due unto them This supposed we may safely and without the least occasion of fcruple conclude that there is nothing applyable in the Scripture in hand to the ease of the Army hither to argued unlesse haply it should be supposed and the supposition will not be altogether without ground that the Apostle inforcing subjection unto civill Authority meerely as or because the ordinance of God and as administred according to the gracious intentions of the founder and ordainer of it tacitly and in a consequentiall way implyeth a liberty in men to decline this subjection when the administrations of it are irregular and the gracious intentions of God violated in them For in many cases when an action is pressed in the nature of a duty upon a speciall consideration or ground the consideration failing the action loseth the nature and relation of a duty Now if this supposition be admitted it is a cleare case that the Scripture under debate is altogether with and not at all against the Army I know nothing of moment Sect. 55. that can be opposed against the lawfulnesse of the action hitherto apologised and justified in these papers beyond what hath been already bought and sold I meane urged and answered at sufficient rates The lawfullnesse of the action we speake of being supposed the honour and worth of it are of much more easie demonstration For what better savour can a Christianly-heroique Spirit spread abroad of it selfe then when men shall put their lives in their hand and in this posture stand up to take Lyons by the beards when they are ready to teare in peeces and devouce the Sheepe of the fold to attempt the wresting of an Iron Sceptre out of those hands which were now lifting it up to breake a poore Nation in peecs like a potters vessell What the Army hath done in this behalfe calleth to minde the unparallelable example of the Lord Jesus Christ blessed for ever who descended into the lower parts of the Earth went downe into the chambers of death from thence to bring up with him a lost World It was the saying of Plato 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that to doe good to as many as we can is to be like unto God But to doe good to as many as we can as well enemies as friends by an exposall of our owne lives unto death for the accomplishment of it is a lineament of that face of divine goodnesse which Plato it is like never saw It was the manner of almost all Nations as the Roman Orator observeth to place the Assertors of their Countries liberties next to the immortall Gods themselves at the Table of honour And I make no question but when the Inhabitants of this Nation shall have dranke a while of the sweet waters of that Well of liberty which the Army have dig'd and opened with their Swords after it had been for a long time stop'd and fil'd up with earth by the Philistims they wil generally recover of that Mallgnant feaver which now distempereth many of them and be in a good posture of sobriety and strength to rise up early and call their Benefactors Blessed However the good will of him that dwelt in the Bush be upon the head of such Warriors who pursue that blessed victory of overcomming evill by doing good and according to the method of the warfare of Heaven feeke to reconcile a Nation unto themselves by not imputing their unthankfulnesse or other their evill intreaties unto them but in the midst of their owne sufferings from them set themselves with heart and soule to set them at liberty from their Oppressort Faulit escaped P. 11. l. 19. for palbably r. palpably p. 19. l. 28. for these r. their p. 26. l. 11. dele we p. 35. l. 35. for dangerout r. dangerous FINIS

many Therefore to goe about either to justifie the Kings act by the act of the Army or to condemne the act of the Army by the Kings is as if I should undertake to prove that the night is lightsome because the day is so or that the day is darke because the night is so A fourth objection in the mouthes of some Sect. 40. against which they conceive the Army cannot be justified in the businesse in question The fourth grand Objection is that all such actions are contrary unto and condemned by the Lawes of the Land But to this objection at least to the weight and substance of it we have already answered over and over and particularly have asserted and proved First that all humane Laws and constitutions are but of a like structure and frame with the Ceremoniall Lawes of old made by God himselfe which were all made with knees to bend to the Law of nature and necessity Secondly That it is to be presumed that the intent of all Law-givers amongst men is notwithstanding any or all their Lawes seemingly commanding the contrary to leave an effectuall doore alwayes open for the common good and in cases of necessity to be provided for by any person or persons whatsoever Thirdly that all Lawes binde onely according to the regular and due intentions of the Law-makers Fourthly that the Lawes of nature and necessity are as well the Lawes of the Land as those commonly so called Fifthly that when any two Lawes encounter one the other in any such exigent or straite of time that both of them cannot be obeyed the Law of inferiour consequence ought to give place to that of superior and the duty injoyned in this to be done though that required in the other be left undone We now adde First That we charitably suppose that there is no such Law of the Land which prohibiteth or restraineth any man or for of men from being Benefactors to the publique especially from preserving the publique liberties in cases of necessity when they stand in extremâ tegulâ and are in imminent danger of being oppressed for ever there being no likelyhood of reliefe from any other hand And if there be no such Law as this there is none that reacheth the case of the Army no not in the criticall or characteristicall circumstance of it Secondly That in case there be any such Law as this that it is a meere nullity and the matter of it no more capable of the forme of a Law i. of an obliging power then tymber or stone is capable of information by a reasonable soule which according to vulgar Phylosophie rather then the truth is the proper forme of a man The Lawes of nature and of common equity are the foundation of all Lawes truly and properly so called and whatsoever venditateth it selfe under the name or notion of a Law being built besides this foundation wanteth the essence and true nature of a Law and so can bee but equivocally such Thirdly Sect. 42. If there be a Law which maketh force offered to Magistrates or persons in Authority in any kinde or any interrupting or disturbing them in their way punishable yet neither doth this evince the act of the Army we so much speake of to have been contrary to the Lawes The reason is because it is the constant genius and manner of Law-givers and of Lawes to lay down only the general rule and to conceal the exceptions which they still suppose are or may be Now the exception doth not breake the Rule nor is it properly contrary to the rule I meane so as to evince a nullity or crookednesse in it onely it is not comprehended within the verge or compasse of the rule All cases saith the Roman Oratour and Statesman are not provided for by written Lawes but onely those which are plaine the exceptions being left out or omitted a Non omnia scriptis sed quaedam quae perspicua sunt tacitis exceptionibus caventur Cicero de Invent l. 2. Consonant hereunto is that of Grotius In Lawes prohibitorie saith he the words are commonly larger then the minde or intent of the Law b In legibus prohibitorijs plerunque verba latius patent quàm mens ipsa legis in Mat. 12. 3. Upon which occasion that vertue which the Grecians call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 we Equitie appeares to be most necessary in a Judge or any other to whom it shall appertaine to expound Lawes the property hereof being as Aristotle long since observed to rectifie or right state the Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 where it is defective thorow the generality of it By rectifying the Law he meanes nothing else but a limiting and restraining the binding force of it to cases intended by the Law-makers together with an exemption of such cases from it which upon grounds of reason and equity it may be conceived never were intended by them to be concluded in it So that in some cases to presse and urge the rigorous extent of the letter of the Law is to turne the waters of the Law into blood and to overturne the true intent and meaning both of the Law and Lawgiver at once Such urgings and pressings of Laws without due limitation gave occasion to that Proverbiall saying in Tullie Summum jus summa injuria Idem facit ac is qui legem transgreditur qui saevâ verborum prerogativâ fraudulenter contrà juris sententiam abutitur God 1. tit 1. le 5. that the Highest justice is the Highest injustice And the Imperiall Law it self makes him no better then a transgressor of the Law who fraudulently abuseth the sterne prerogative of words contrary to the sense and meaning of the Law And elsewhere no reason of Law or fairenesse of equity will indure it that thorough hard construction of words we should turne those things against the benefit of men which were wholesomely brought in amongst them for their profit and good b Nulla juris ratio aut aequitatis benignitas patitur ut quae salubriter pro hominum utilitate introducuntur ea nos duriore interpretatione contrà ipsorum commodum producamus ad severitatem Digest l. 1. tit 3. de leg leg 24. Sect. nulla Doubtlesse they stumble at this stone who pretend to finde any such Law amongst the Lawes of the Land by which the Army should be denyed a liberty or lawfulnesse of power to secure the peace and liberties of the Nation by such a method and course as they steered necessity lifting up her voyce and crying unto them with such importunity to doe it For as the afore-named Grotius well observeth amongst all the exceptions which are tacitly included in Lawes there is none either more usually or more justly admitted then that which ariseth from necessity c Inter omnes autem exceptiones quae tacitè insunt legibus nulla est aut justior aut receptior quàm eaquae fluit ex necessitate Hug. Grot. ubi suprà By