ipso nomine
not generalizable,—therefore not the subjects of a law, which is the conclusion
per genus singuli in genere inclusi
. Every extreme case must be judged by and for itself under all the peculiar circumstances. Now as these are not foreknowable, the case itself cannot be predeterminable. Harmodius and Aristogiton did not justify Brutus and Cassius: but neither do Brutus and Cassius criminate Harmodius and Aristogiton. The rule applies till an extreme case occurs; and how can this be proved? I answer, the only proof is success and good event; for these afford the best presumption, first, of the extremity, and secondly, of its remediable nature—the two elements of its justification. To every individual it is forbidden. He who attempts it, therefore, must do so on the presumption that the will of the nation is in his will: whether he is mad or in his senses, the event can alone determine.
Ib. p. 398.
The governing power and obligation over the flock is essential to the office of a Pastor or Presbyter as instituted by Christ.
There is,
, one flaw in Baxter's plea for his Presbyterian form of Church government, that he uses a metaphor, which, inasmuch as it is but a metaphor, agrees with the thing meant in some points only, as if it were commensurate