Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	good_a	just_a	law_n	3,087	5	4.8117	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A85249	A fevv propositions shewing the lawfullnesse of defence against the injurious attempts of outragious violence. It is this eighth day of June, an. Dom. 1643. ordered by the Committee of the House of Commons, concerning printing, that this booke entituled, A few propositions, &c, be printed. John White.	England and Wales. Parliament. House of Commons.	1643 (1643)	Wing F836; Thomason E106_7; ESTC R18968	8,193	14

of the same mind they were formerly to doe outrages violence 5 And yet further when they make preparations for it at least in such fort as will inable them to make their assaults when they please 6 And most of all when they are already practising such exploits by way of beginning in other places 15. Lawfull to meete and assault those that are preparing to Assault No law can be supposed to refuse this which all rules of prudence and policy plead for And to doe otherwise were to gratifie those that intend such assaults as much as they need to desire and more then they can possibly expect from Rationall men XV. Where the assailants are likely to be many furnished with Armes and warlike provisions The nature of defence doth not enjoyne nor admit to keep altogether close and stay ever at home But allowes as lawfull and even requires as necessary to march forth against them even armed to meet such assailants and keep them from comming too neere their dwellinge And if meeting the they appear resolved to proceed in their violence they who come forth for defence may begin to assault their adversaryes and it is still but a defence 16. Peacefull mind necessary yet lawfull to secine themselves for present and future probably No law can justly or wisely oppose even this Because by delay waiting till the attempters of violence beginne actually to make their assault they may have gotten irrecoverable advantage and irresistible strength against the defendants Therefore defence being allowed them they transgresse not the just limits of it by setting first upon those that appear minded to assault them as soon as they are ready at least so far at to disarme them and disable them from doing the mischiefe intended XVI 1 As in all defence it must be remēbred that it is nor lawfull to offend the assailants beyond necessity 2 So speciall care must be taken 〈◊〉 Mor●●n 〈◊〉 to Propositions of Peace Accord as far as may stand with any safety prudent security 3 Notwithstanding which none are bound to disable themselves from a future defence in case of future danger No law can justly refuse this last clause Otherwise all that was before affirmed would instantly become lesse and worse then nothing Where defence is just nothing but prudence hath author●ty to command any to disarme themselves that can never giv● such a charge but upon a morall probability of the danger bein● so sufficiently over for this time that before another can arise there may be againe sufficient meanes of defence 17. By standers not to be injured yet somewhat of theirs may be made use of XVII 1 Also in all preparations and actions of defence care must be taken not to injure others that take not part with the assaylants 2 And yet in extremity it 's lawfull to make use of somewhat which belongs to others 3 Provided they afterward have full recompence made them for any damage then sustained by the defendants if at least the benefit of the defence though they did not owne it redounding even to them make them not sufficient recompence of it selfe No law can with equity altogether refuse this liberty also to defendants in great danger In as much as every one is bound by the law of nature to be helpfull to the innocent in danger at least insome degree so farre as may be without his owne ruine Also the good of many being in danger or a greater good then is hazarded by what is used of a by-stander Use may be made of it upon the Termes forenoted without any Iniustice even against the present will of the owner Who the more unwilling he appears the more he gives cause of suspicion that at least he favours the Assailants more then the Defendants especially when as otherwise himself might be in danger as well as the rest of the Defendants And then to borrow somwhat of him or secure him from doing harme cannot but be included within the limits of the necessary defence and so be allowed as lawfull 18. Lawfull for a country or Kingdome to defend themselves from slavery and true Religion establisht from subversions XVIII If the danger be to a whole country much more if to a whole Kingdome that there be attempts apparent or justly suspected to enslave mens goods and persons and yet more if the true religion establisht by law be also aimed at and in danger to be subverted a joynt and even generall defence is so much the more lawfull and even necessary calling all officers to their duties respectively all private persons too specially with them though also even without them it they be false stupid or faint hearted No law can justly forbid that to a country or Kingdome or to any considerable part of the one or the other which is granted to private persons single or to a few for their concernments as this before hath been proved allowable to them 19. Lawfull for a Parliament to command the whole Kingdome to defend themselves and apprehend disturbers XIX When in any Kingdome or common wealth there are States or Parliaments which represent the whole body of the Subiects they are not onely the publick watchmen great Councell of the kingdome but the Great officers and chiefest Court of Justice of the whole Kingdome and so entrusted and charged above all others with the keeping of the Peace and defence of the innocent all the Kingdome over and so their authority reaches throughout the whole kingdome and to command all inferiour Officers and Magistrates and private persons to doe their duties respectively whether others doe theirs or not for the necessary defence of themselves their neighbours and the whole Kingdome and to this end to arm themselves and march orderly into any part of the Kingdome for the suppressing and preventing and apprehending of all notorious violators of the Peace or suspected practisers against it No law of a kingdom that hath such State such a Parliament can rationally be supposed to deny them this authority for if all officers and Judges within their limits may lawfully and authoritatively charge all under them to keep the Peace against all the disturbers of it and even Arm against them if need be And every Judge in Capitall Crimes hath power to send to apprehend those that are to be judged by him or else all their authority is a meere pageant and a mockery The States then of a Kingdom who are the great Officers Judges of Judges even of all other cannot be denyed the forenamed power throughout the whole Kingdome indefence of the Peace and punishment of the violators of it even though countenanced by the Kings presence and command 20. Lawfull to make captains and a Generall with sufficient authority XX. By all the foregoing Propositions it appeares that in the fore mentioned cases it is lawfull even for private persons and much more for Magistrates and Officers in their jurisdictions to defend themselves and their neighbours and that with Arms and most of all for the States of a Kingdome to defend the whole Kingdome against all Violators of the Peace Justice of it Whence it also followes undeniably that they may in such exigents of necessity appoint Captaines and other Officers of warre and a Generall over all whose wisdom and authority may manage their authority to the right ends and purposes of it such they may invest with all necessary authority for the right ordering of their souldiers and all others for the common good and this specially when the ordinary Officers of justice or Captaines of the souldiers if there be any either will not joyn in such iust and necessary defence or have not skill to manage and conduct the forces No law that yeelds to all that went before can be supposed to refuse this which were utterly to disappoint the defence undertaken and reduce them into a worse condition then before because their offring at a Defence the more provokes their assailants and their want of skillfull commanders and their ordering their affairs will expose them to the Violence of those that will not faile to come against them with all the advantages that may be Thus far to shew what the law of nature allows to all and the law of Nations doth not deny to any nor can be supposed rationally to forbid it And this under what government soever being but the voice of nature and Nations If any desire further to see how this agrees with the particular constitution of Government in this Nation I shall referre him for that to the Politicall Catechisme and the Kingdomes Case FINIS

A FEVV PROPOSITIONS SHEWING THE LAWFULLNESSE OF DEFENCE Against the injurious attempts of outragious violence It is this eighth day of June An. Dom. 1643. Ordered by the Committee of the House of Commons concerning Printing that this Booke entituled A few Propositions c be Printed JOHN WHITE LONDON Printed for SAMUEL GELLIBRAND at the Brazen Serpent in Pauls churchyad 1643. A few propositions shewing the lawfulnesse of defence against Injurious attempts of outragious violence 1. Lawfulnes of private defence against private assaults of Life I. BY the law of nature it is lawfull for any one to defend themselves against any private person that assaults them to take away their lives or puts them in danger Neither can it be that the law of any Country can justly deny this For all just lawes are with respect to common safety which is none at all if the lives of particulars may not be by themselves defended from private violence 2. of Chastity II. By the same law of nature it is lawfull to defend themselves against any private man that would offer violence to their chastity Never law fully violated Neither can any law of any Country justly deny this For chastity is an Inherent good of which there can be no pretence why any should be robbed or deprived of it And in one respect it is more Inviolable then life and are many cases wherin it is lawfull to deprive others of their lives for a man to yield up his own life patiently but none wherein it is lawfull to deprive them of their chastity or to yeild that up It being ever a sinne against the Law and light of nature 3. of Goods III. By the law of nature also it is further lawfull for any to defend their goods from any private person that offers to take them violently away But this not in all cases And no law of any Country can justly deny this defence even of goods altogether For otherwise they expose all the country to rapine and spoyle Onely it must be remembred that in this case of of goods as also in lesser injuries to a mans person Christian meeknesse recommended and charged upon us by our Saviour Matth. 5.39.40 requires that sometimes we suffer to some degree rather then defend our selves even by law Civill and therefore much rather then by our owne hand Namely when our defence might endanger more harme to be done by us them we are like to suffer or to hazard our own suffering worse when our suffering may give hopes of overcomming evill with good or the like But otherwise God no where disallowes absolutely the defence of our very goods and so of our persons from the outrages of any private violence 4. Even against Officers violence altogether allegall IV. Moreover in any one of these cases one may defend themselves against any Officer or inferiour Magistrate that without all authority of law offers injurious assaults of outragious violence No Law of any Country can justly deny this neither For though there is no absolute necessity of this or that formality of Law where the officer and his authority is knowne to all and there is an evidence notorious of the fact for which by way of justice and punishment the goods or life of any is taken away Yet otherwise such an Officer or Magistrate is no more priviledged to doe or in doing any such act altogether beyond the bound of his lawfull Office than a private person is But even any such officer and inferiour Magistrate is liable to punishment even Capitall for his Robbery or Murther practised or attempted by him as well as any private person when legally convicted of it Though therfore there is which is to be remembred a constant honour due to every Officer and Magistrate according to his degree so long as he carries himself not altogether contrary to his office Yet when he attempts to doe any such acts altogether contrary to his Office as all outragious violences infallibly are his Office being properly to preserve others from such violences it cannot but in reason and justice be equally lawfull to defend ones selfe against him and his assaults as against any private person 5. Notwithstanding the command of the supreme Magistrate against law V. The command of the Supreme Magistrate without due processe of law to take away ones goods unlesse his authority be absolute to lay what taxes he pleases upon any at any time and much more the life of any or upon any pretence whatsoever their chastity can in no sort authorize any private person or even any Officer or inferiour Magistrate so to doe or deprive the assaulted persons of their just defence before argued for No absolute Monarchy in poynt of life Neither can the law of any Nation be supposed to contradict this For as for goods if the law subject them to the Supreame Magistrates pleasure it makes or declares him then to be an absolute Monarch and then his will any way manifested is sufficient processe of law But for life there is not neither can be justly no not in the hand of the greatest Monarch any absolute authority to command the taking away the life of any meerely at his owne will and pleasure For all Monarchy and even all authority among men is primarily and principally for Gods glory and then for the good of the whole society and but subordinately for the honour and greatnesse of the Monarch But as it cannot be conceived how it should be to Gods glory who hath so pereptorily forbidden the shedding of innocent bloud so is it not imaginable that it should be for the good of the whole Society that any one man should haue absolute power of the life of all the rest or even of any one meerely at his own pleasure no true good to the Monarch himself none to the cōmonwealth and least of all to the person of such a subject that should be put to suffer it So that no such thing can in reason be liable to a command But that still for all that any should command against him in that sort there is still the just liberty of defence by the law of nature forenoted God maks none neither can man Whereunto may be added that no man can pretend any authority but with God in nature or scripture hath certainly given or subjects have consented unto at least in their Ancestors And it is certaine that God hath given no man in nature or scripture any such authority to take away the lives of others at their own meere wills and pleasures And neither can any Nation by the allowance of God in nature or Scripture consent that any should have such absolute power over their lives at pleasure For they have it not themselves and none can give another that power which they never had themselves though they have for their goods reserving but enough to keep life and soul together and this holds also