A42757:1007
Aaron's rod blossoming, or, The divine ordinance of church-government vindicated so as the present…Aarons rod blossoming, or, The divine ordinance of church-government vindicated so as the present…
Aaron's rod blossoming, or, The divine ordinance of church-government vindicated so as the present Erastian controversy concerning the distinction of civill and ecclesiastical government, excommunication, and suspension, is fully debated and discussed, from the holy scripture, from the Jewish and Christian antiquities, from the consent of latter writers, from the true nature and rights of magistracy, and from the groundlessness of the chief objections made against the Presbyterial government in point of a domineering arbitrary unlimited power / by George Gillespie ...Aarons rod blossoming, or, The divine ordinance of church-government vindicated so as the present Erastian controversie concerning the distinction of civill and ecclesiasticall government, excommunication, and suspension, is fully debated and discussed, from the holy scripture, from the Jewish and Christian antiquities, from the consent of latter writers, from the true nature and rights of magistracy, and from the groundlesnesse of the chief objections made against the Presbyteriall government in point of a domineering arbitrary unlimited power / by George Gillespie ...
London: printed by E.G. for Richard Whitaker, 1646
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
Secondly, his Major cannot be admitted without a distinction. There is Jus ad rem, and Jus in re. There is a remote right, or a right in actu primo, that is, such a right, relation, or habitude as entitleth a person to such a privilege or benefit, to be enjoyed and possessed by him when he shall be capable and fit to enjoy it: Such is the right of a Minor to his inheritance: Such was the right of lepers of old to their T•nts, Houses, and Goods, when themselves were put out of the Camp, and might not (during their leprosy) actually enjoy their ⟨p. 480⟩own habitations: Such is the right which a man hath in England to his sequestered Estate, Lands, and Houses; he doth not lose but retain his Right, Title, Charters and Deeds (as valid in Law, and not made void or null) and may be again admitted to the actual possession upon satisfaction given to the State: and a huge difference there is between Sequestration, and forfeiture or Outlawry. There is again a proxime right, or a right in actu secundo, which rendereth a person actually and presently capable of that thing which he is entitled unto. If Mr Prynnes major be understood of the first kind of right, I deny it. If of the second kind of right, I admit it, and it doth not help his opinion, nor hurt mine.
Secondly, his Major cannot be admitted without a distinction. There is Ius ad rem, and Ius in re. There is a remote right, or a right in actu primo, th•t is, such a right, relation, or habitude as entitleth a person to such a priviledge or benefit, to be enjoyed and possessed by him when he shall be capable and fit to enjoy it: Such is the right of a Minor to his inheritance: Such was the right of lepers of old to their T•nts, Houses, and Goods, when themselves were put out of the Camp, and might not (during their leprosie) actually enjoy their ⟨p. 480⟩own habitations: Such is the right which a man hath in England to his sequestred Estate, Lands, and Houses; he doth not lose but retaine his Right, Title, Charters and Deeds (as valid in Law, and not made voyd or null) and may be againe admitted to the actuall possession upon satisfaction given to the State: and a huge difference there is between Sequestration, and forfeiture or Outlawry. There is againe a proxime right, or a right in actu secundo, which rendereth a person actually and presently capable of that thing which he is entituled unto. If Mr Prynnes major be understood of the first kind of right, I deny it. If of the second kind of right, I admit it, and it doth not help his opinion, nor hurt mine.