Selected quad for the lemma: spirit_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
spirit_n	body_n	reason_n	soul_n	9,368	5	5.4761	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91596	A question answered: how laws are to be understood, and obedience yeelded? Necessary for the present state of things, touching the militia.		1642 (1642)	Wing Q179; Thomason 669.f.6[7]; ESTC R211827	1,170	1

A QVESTION ANSWERED How Laws are to be understood and obedience yeelded Necessary for the present state of things Touching the MILITIA Question NOw in our extreame distractions when forraigne forces threaten and probably are invited and a malignant and Popish party at home offended The Devill hath cast a bone and rais'd a contestation between the King and Parliament touching the Militia His Majestie claimes the disposing of it to be in him by right of Law The Parliament saith rebus sic stantibus and nolenti Rege the Ordering of it is in them Answer WHich Question may receive its solution by this distinction That there is in Laws and equitable and a litterall sence His Majesty let it be granted is intrusted by Law with the Militia but it 's for the good and preservation of the Republique against Forraigne Invasions or domesticke rebellions For it cannot be supposed that the Parliament would ever by Law intrust the King with the Militia against themselves or the Commonwealth that intrusts them to provide for their weale not for their woe So that when there is certain appearance or grounded suspition that the Letter of the Law shall be improved against the equity of it that is the publicke good whether of the body reall or representative then the Commander going against its equity gives liberty to the Commanded to refuse obedience to the Letter for the Law taken abstract from its originall reason and end is made a shell without a kernell a shadow without a substance and a body without a soule It is the execution of Laws according to their equity and reason which as I may say is the spirit that gives life to Authority the Letter kills Nor need this equity be expressed in the Law being so naturally implyed and supposed in all Laws that are not meerely Imperiall from that analogie which all bodies Politicke hold with the Naturall whence all government and Governours borrow a proportionable respect And therfore when the Militia of an Army is committed to the Generall it is not with any expresse condition that he shall not turn the mouths of his Cannons against his own Souldiers for that is so naturally and necessarily implyed that its needlesse to be expressed insomuch as if he did attempt or command such a thing against the nature of his trust and place it did ipso facto estate the Army in a right of disobedience except we thinke that obedience binds Men to cut their owne throats or at least their companions And indeed if this distinction be not allowed then the legall and mixt Monarchy is the greatest Tiranny for if Laws invest the King in an absolute power and the letter be not controled by the equity then whereas other Kings that are absolute Monarcks and rule by will and not by Law are Tyrants perforce Those that rule by Law and not by will have hereby a Tiranny confer'd upon them legally and so the very end of Laws which is to give bounds and limits to the exorbitant wills of Princes is by the Lawes themselves disapointed for they hereby give corrobaration and much more Iustification to an arbitrary Tyranny by making it legall not assumed which Laws are ordained to crosse not countenance and therefore is the letter where it seems absolute alwaies to receive quallification from the equity else the foresaid absurdity must follow Printed for the good of the Commonweale