Selected quad for the lemma: soul_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
soul_n	able_a	body_n	destroy_v	4,435	5	7.8202	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A35998	The vnlavvfulnesse of subjects taking up armes against their soveraigne in what case soever together with an answer to all objections scattered in their severall bookes : and a proofe that, notwithstanding such resistance as they plead for, were not damnable, yet the present warre made upon the king is so, because those cases in which onely some men have dared to excuse it, are evidently not now, His Majesty fighting onely to preserve himselfe and the rights of the subjects.	Diggs, Dudley, 1613-1643.	1643 (1643)	Wing D1462; ESTC R10317	134,092	174

faith is sin we must conforme our practise to that standing rule layed downe by the Apostle Active obedience against Gods law sin Deo magis quā hominibus We ought to obey God rather then men we are bound to use Tertullians phrase temperare majestatem Caesaris infra Deum The reasons to the contrary for absolute unlimited obedience have no solidity One is upon a false supposall Objections to the contrary that at our entrance into civill society we submitted as our wills by which is meant not the faculty but the effects of it which were in our power and which are subjected as farre as they were in our power that is in all honest performances for peccare non est nostri juris so our understanding and consequently though in our private opinion such actions were unlawfull yet if commanded said by our rulers to be just our publique judgement which we had given them right to passe upon good or bad did pronounce them honest A second argument is though we thinke such actions unlawfull upon a particular comparing them with the measure of right and wrong divine precept or prohibition yet from a more generall raeson we thinke this thought of ours condemning such actions to be an errour and so if we doe what we thinke in our private judgement God hath forbidden we doe contra opinionem agere sed non contra conscientiam practise against our opinion not against our conscience because that is swayed by this generall reason If when rulers say such a thing ought to be done I say it ought not the sence of it is I am wiser then they But if I grant them the more able men I must needes thinke they are likely to make truer judgement and so am bound to submit to the greater discretion because in morall differences which are not capable of demonstration I must guide my practise by the highest probabilities of good If sheepe knew how apt they are to goe astray they would be content to be guided by the shepherd and therfore governors who are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are to direct us in the waies of safety He that shall undertake to be his owne master will have a foole to his scholler and he that refuses to follow his guide and fancies some private turnings is likely to misse his way and through many wandrings to come weary to his journeys end A third argument is to challenge to our selves the judgement of good and evill is the fruit of that bitter root of Adams disobedience Eritis sicut Dij scientes bonum malum was the temptation and the sinne was he did eate of the forbidden tree of knowledge of good and evill He was not content to be acquainted with good only submitting to that which made actions good or bad the command or prohibition of him who had dominion over him but began to examine the justice and reasonablenesse of them and so would make himselfe like the Law-giver Answer The answer hereto is easie by distinguishing those things in which God will require from every one a liberty of judging and a conformable obedience from things more obscure and which will require a deeper search then ordinary understandings can make Of the first sort are the plaine and familiar truths laid downe in scripture of which S. Paul binds us to be so confident that though an angel from heaven should preach any other doctrine we may not admit it As likewise many morall duties easily discerned even by weake apprehensions If this were not so the Apostles rule could not lawfully be made use of we must obey God rather then men and the people would be bound to follow their blind leaders into the pit of destruction For Christ tels us both shall fall into the ditch But the Apostle allows them to whom he spake to examine his doctrines of this nature by the rule of their owne understanding I speake as to them which have understanding judge ye what I say and judge in your selves is it comely c. and in the verse following doth not even nature it selfe teach you c. This case is clearly decided in the 14th to the Rom. where we learne if we condemne our actions though in themselves not blameable yet to us they are sinne v. 22 23. Happy is he that condemneth not himselfe in that thing which he alloweth He that doubteth is damned if he eate because he eateth not of faith wherefore he gave a generall command in the 5. v. let every man be fully perswaded in his owne minde Of the latter sort are things more intricate and which cannot without great difficulty be judged of Being such for the most part wherein not mens honesty but their prudence is exercised And here a submission of judgement is very reasonable As in law cases to be swayed by the professors of it or if we build a house to be directed by artists or in a tempest to take the most probable way of escaping by relying on the pilots steering the ship and forbidding unexperienced passengers to runne to the helme confusedly and alter the course according as their ignorance feares prompt them upon a conscientious madnesse that they shall be accessary to their owne death if they put their lives out of their owne hands though they commit them to sea-men whose experience hath better enabled them to avoyd the rockes and the shelves And thus in civill government wherein the greater part of men can have no deepe insight to trust the managery of the publique safety to persons wiser then themselves and to bind one another to performe all offices in relation to this end according as they shall be commanded by their governours and not to rule their law-givers by disputing the unreasonablenes of what is injoined And to this captivateing of their understanding religion obligeth them for God is not a God of sedition of mutinye and confusion but of unity order and of peace The case thus resolved produceth an excellent temper in mans obedience as by which we render to Caesar the things which are Caesars and to God the things which are Gods Be subject to every ordinance of man for the Lords sake This binds universally those only cases being excepted which God expressely and evidently reserves to himselfe and in them we must take law from the more powerfull Feare not them which kill the body but are not able to kill the soule but rather feare him which is able to destroy both soule and body in Hell This liberty of denying obedience can neither be offensive nor dangerous to authority First not offensive No inconveniencies from this doctrine rightly stated God to be obeyed rather then men because magistrates can challenge no more right over our actions then God gives them or we our selves had before we submitted them to their commands which was none in this supposed case because a dishonest deed non est nostri juris is not in our power We can

gentem robustam longinquam quae destruet eos c. by the way he does not say that Subjects shall call in a forraigne Nation that is treason But the Lord will bring them in because they would not judge their people righteously The distinct answer to it is that Bracton layes not this downe as Law but when he had taught the quite contrary Omnis quidem sub eo ipse sub nullo sed sub Deo tantùm and non habet parem and sufficit ad paenam quod Dominum expectet ultorem He puts this speech into the mouth of a man discontend at the abuse of regall power and arguing from the practise of that Age wherein he wrote for the Rebellious Barons seized on the Militia of the Kingdome which of right appertained to Hen third as Bracton clearely delivers himselfe ea quae sunt justiciae paci annexa ad nullum pertinent nisi ad coronam nec à coronà separari pot●runt That he speakes it in the person of another appeares from hence that he begins it with dicere poterit quis some body may say The King hath done Justice and it is well and why hath he not the same liberty to censure him if he doe iniustice and accordingly to require him to performe his dutie lest he fall into the hands of the living God He proceeds immediately to Rex autem habet superiorem c. It would be very easy for one better read in our Lawes then I am to shew that the King of England hath supreame right from the nature of all Subjects lands holden of him in fee which though it gives a perpetuall estate Kings supremacie proved from the nature of all his Subjects tenures yet not absolute but conditionall for it depends upon the acknowledgement of superiority and is forfaitable upon a not performance of some duties and therefore it returnes unto him For the breach of Fidelity is losse of Fee as appeares in Duarenus Wesembechius Farinaccius Molina Socinus Gail and they tell us that all Lawyers agree that all Feuda are lost by rebellion as also by our common Law which according to the nature of the trespasse varies the forfeiture In case of Treason as taking up Armes against the King for so you may find it determined 25 Edw. 3. c. 2. after legall conviction all their lands and tenements are absolutely in the Kings disposall in case of felony the King hath a yeare a day and the wast after which it passeth downe to the heires It is very evident that the King onely hath that high degree of property in his lands which Lawyers call alaudium or alodium The sense is the same though the words differ for it is not materiall whether with Budaeus we derive it from the privative particle a and Laudum which signifies nomination so that it denotes praedium cujus nullus author est nisi Deus to hold in his owne full right without any service any payment of rent because from God onely or like to those of Heinault who acknowledge no tenure but from God and the Sunne Pays de Hainault tenu de dieu du soleil or else we may derive it from the same privative particle a and the Saxon Leod or the French leud a vassall or leigeman and then it expresses thus much a tenement without vassallage without burden to which our English Loade retaines some resemblance But Subjects of what degree or condition soever hold their lands ut feuda in the nature of Fee which implies Fealty to a superior It is all one whether they belong to them by inheritance or by purchase for though they may sometimes be dearly bought yet such is the condition of the alienation that they cannot be conveyed without those burdens which were layed upon him who had novell Fee So that Camden pag. 93. of his Britannia observes very truly that the King only hath directum dominium this being reserved by the conouerour who changed many of our lawes and introduced the customes of Normandy and instituted all our pleas in French and passed over the utile dominium only he gave though not absolute yet perpetuall right conditions being performed to use and enjoy such and such lands The highest expression of a Subjects right which law will justify is this seisitus inde in dominico suo ut de feudo He is seized of such lands in his demaine as of fee. Now Feudum is manifestly a derived right and founded in him who hath supreame right in consideration whereof all lands held by Subjects are burdened with some services which differ according to the variety of grant from the King Hence some tenures expire with life others goe downe to our posterity by discent to whom the law gives usum fructum a right to use injoy and make all profits but they are properly but mesn or mesme Lords as holding of an over Lord or Lord paramount who is the King The Kings supremacy is as strongly proved in that he is our Leige Lord Leige Lord bound to some duties as appeares by sundry Statutes for such an one can acknowledge no superiour as Duarenus shewes in comment de consuetudin seudorum c. 4. num 3. And all Subjects are homines ligii leige men and owe faith and true alleagiance to him as their superiour The definition of Legeancy is set down in the great customary of Normandy Ligeantia est ex quâ domino tenentur vassalli sui c. Ligeancy is an obligation upon all Subjects to take part with their leige Lord against all men living to aid and assist with their bodies and minds with their advise and power not to lift up their armes against him nor to support in any way those who oppose him but not under paine of forfeiture as Leige men are The Lord like wise is bound to governe protect and defend his leige people so the English are often called in Acts of Parliament according to the rights customes and lawes of the Country If Subjects breake their faith and prove disloyall their estates and lives are expressely forfeited and the King is enabled by law as the fountaine of all Jurisdiction to seize upon their goods and lands and to destroy their persons If he performe not his duty for there is a mutuall obligation betweene leige Lord and leige men yet notwithstanding this failing neither his Crowne or any rights belonging to his Royall dignity are subject to forfeiture Let them if they can produce any one law to maintaine their assertion If there had beene any it would not thus long have been concealed for they are not accustomed to dissemble any advantages by overmuch modesty Indeed they have not any shadow of proofe or colour of reason for it and yet upon their bare word how many thousands have hazarded their soules by assisting rebells which are eternally lost if they perish in their sinne What madnesse is it to beleeve their saying before their and your owne

oathes Is it possible you can innocently destroy your Soveraigne whose life you have sworne to defend with your utmost power Be not abused by that miserable fallacy drawne from the nature of a Covenant The mistake lies here that law hath provided to bring Subjects offending to a tryall but hath not could not question the King and compell him to be responsable for want of a superiour jurisdiction All just proceedings must be per legale judicium parium legem terrae by triall of Peeres and the law of the land But the King hath no Peere and lex terrae doth not in any case disarme the King of the sword of Justice it is not separable from his Crowne Therefore he is exempt from tryall and it cannot be just to punish him unheard uncondemned The conditions of Kings were very miserable if he who sweares to governe the people according to the knowne lawes so that they see what to trust to should himselfe be liable to their arbitrary Justice The Premises are firme for the Major is part of magna charta and the Minor is as evident as that his Subjects are not greater then he which signifies only that those which are under him are not his superiours Bracton you may remember is frequent in the expression Rex non habet parem in regno and he is tantùm sub Deo c. There is besides an antient monument which shewes the manner of holding a Parliament before the Conquest which will afford us no small light in this poynt It is sayed to be delivered to William the Conquerour by discreet men at his command and to have beene approved by him it runs thus Rex est caput principium finis Parliamenti ita non habet parem in suo gradu c. The King is the head the begining and the end of the Parliament and so he hath not any Peere or equall but is himselfe the first degree The 2d is of Archbishops Bishops Abbots and Priors holding by Baroney The 3d is of Proctors of the Clergy The fourth is of Earles Barons and other noble personages The fifth is of Knights of the Shire The sixt degree is of Citizens and Burgesses and so the whole Parliament is compleated by six degrees But we must know that though any of the five degrees besides the King shall be absent if they were duely summoned Parliamentum nihilominus censetur esse plenum the Parliament is full in law The latter part is as manifestly true that Lex terrae doth not in any case disarme the King of the sword of Justice By our constitutions Regia majestas est armis decorata and legibus armata the directive part of Law concernes the King the penall doth not Hee ought to square his actions according to this rule but if they should swerve from it they cannot fall within the cognizance of his Subjects All offences are punishable as committed against Him His Crowne and Dignity and though the Law hath condemned them they are pardonable by His Grace which clearely demonstrates He is above penall Lawes and it is indeed an inseparable priviledge of supreame jurisdictiction let it be placed where it will in one or more persons Naturally supposing men by distance absolved from paternall dominion that is before a positive constitution of Empire when men were equally free it was not unlawfull to require by strong hand satisfaction for wrong but after an established government this liberty was civilly restrained and it is not in our power to right our selves but in a legall way which is by Magistrates and the last appeale lyes to the highest Governour that the processe may not be infinite but we may have some certaine and peaceable decision of all differences To conclude this Section for I shall have occasion to inlarge my proofes in the next in answer to their exceptions we have sworne to beare true allegiance to the King such as have not are neverthelesse strongly obliged by divine Law and this duty doth naturally flow from the right to governe I request all men to examine their consciences how they can excuse themselves from f●●t perjury if they indanger his life and endeavour to destroy him It is expressely high Treason to compasse his death 25. Edw. 3. Though God in his great goodnesse hath restrained their malice from effecting it yet by shooting at him by attempting to kill him they are lost temporally their goods and chattels lands and tenements and lives are forfeited in Law and what is most lamentable their soules are eternally ruined Disloyalty to their King is disobedience to God I need not aggravate the sinne the Apostles eloquence is most powerfull They that resist shall receive to themselves damnation The case is so extreamely plaine I am amazed that the people should be so bewitched into Rebellion contrary to Oaths and solemne Protestations and repugnant to Christianity For they are condemned out of their owne mouthes unlesse that grosse non-sense be true that they shot at him as at Edge-hill for His preservation and endeavoured to kill him in his owne defence It is miserable comfort which the doubtfull signification of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 can afford but sinking men catch hold of every reed The word in the Greek is rather to be translated judgement and punishment the words following are peremptory and as Piscator observes thereby is not meant eternall damnation but the punishment of the Magistrate in this life Master Bridge his Answer to Doctor Ferne. p. 4. This calls to minde those men of whom Minutius Felix saith they did optare potiùs quàm credere rather wish then beleeve that no such thing as eternall damnation was intended The Analogy of the place will evince that this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is like a sword with two edges fitted not onely to kill the body but to destroy the soule also That it threatens punishment from the Magistrate is very true but not all you must needs be subject not onely for wrath but likewise for conscience sake v. 5. 13. c. to the Romans You are exhorted not to rebell because you may be hang'd but lest confidence in numbers should answer this objection a stronger motive is used you shall certainly be damn'd It is probable you may take the Gallowes in the way but however Hell will be the end Though you escape a shamefull death yet you have forfeited eternall life §. 4. I Will begin with a most remarkable passage in Calvins Institutions wherein are many things worth our observation and which will conduce much to the decision of the present dispute Neque enim si ultio domini est effraenata dominationis correctio ideo protinus demandatam nobis arbitremur Quibus nullum aliud quàm parendi patiendi datum est mandatum De privatis hominibus semper loquor l. 4. c. 20. § 31. If correcting unbridled governments be his worke who said vengeance is mine we must not therefore take Gods office into