Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	judge_n	king_n	power_n	3,562	5	5.1146	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A68036	Anti-duello. The anatomie of duells, with the symptomes thereof A treatise wherein is learnedly handled, whether a Christian magistrate may lawfully grant a duell, for to end a difference which consisteth in fact. Also, the maner and forme of combats granted, with the seuerall orders obserued in the proceeding thereof, with the list of such duels, as haue beene performed before the Kings of England. Truly and compendiously collected and set forth by Mr. Iohn Despagne, for the good of soueraigne and subiect. Published by his Maiesties command.	Espagne, Jean d', 1591-1659.; Delamore, Andrew, attributed name.	1632 (1632)	STC 10530; ESTC S114510	24,502	78

occasion of an infinite slaughter And it may bee that some people desirous to auoid a generall conflict of nation against nation haue sometimes remitted their quarrell to a certaine number of men to be chosen by either side by them to bee decided by combat So three hundred Lacedemonians fought against a like number of the Argiens three Romans against three Latins and when Dauid and Ishboseth stood competitors for the Royalty the two Generals Ioab and Abner caused a combat betweene twelue Souldiers of the Tribe of Iuda against twelue of the Tribe of Beniamin This kind of Duell is as it were an abridgement of the warre and yet not very iustifiable There is more apparance in this case then in any of the cases afore mentioned Two Armies are ready to fight hee that hath the right on his side finds himselfe inferior in forces so that if they come to handy-stroakes we must all die of necessity The enemy makes an offer of a single fight one to one and offers to stand to the euent of this Duell why should wee all perish and not rather make legall of this way and expedient which perchance may giue vs the victory or at least will saue six thousand mens liues and there can but one be slaine But this example hath no correspondence with the Duell whereof wee now treat and one may not draw into consequence particular actions which are exployted in warre or in the consequence of warre especially in heat of bataile as H. 7. slew Richard that enioyed the Royall throne and Adolphe de Nassau died by the hand of Albert of Austria Moreouer it matters not to allege that famous example of Dauid against Goliah of a young infant not hauing for defensiue Armes other then his Shepheards staffe and for offensiue but a sling and a stone against an old warrier monstrous in stature armed at all points his speare and lance of a prodigious bignesse like the rest had not Dauid had in this particular an assurance of Gods pleasure it had beene an extreme rashenesse to enterprise it and to hope to ouerthrow so great a Colossus Also that action is numbred amongst the miracles but miracles are not wrought to serue as rules for our imitation and we must consider the quality of these two Champions and the occasion of the Duell The one was an Israelite the other a Philistin they engaged themselues in the quarell of two nations and not for their particular interest they were subiects to two seuerall Princes and of a contrary Religion it was in the view of two Armies and that of the Infidels was to yeeld themselues conquered if the Giant were slaine In a word beside that it was supernaturall it was an action of Warre and consequently lawfull Now to come to the scope of my intent we must remember that all manner of difference consists either in Fact or in Right As concerning the question of Right I no more like that it should be decided by the sword otherwhiles this bestiall custome hath past as a Law that the better title of Competitors consisteth in force so that brothers entered not oft into their Fathers inheritance but by way of parricide vpon the dead carkasles of their neerest kindred with violence to some of their own blood Sons themselues haue beene vnnaturall to their owne Fathers and constrained them to seeke succour by Armes But let vs see if a Duell may haue place in the question of Fact To proue the affirmatiue these reasons following are alledged That the warre is without comparison more vniuersally bloody and pernicious then is the combat of a few particular men the death of one or two hath no proportion with the butchering and massacre of many thousand persons the slaughter of infants and old folke the desolation of widowes and orphans the spoile of tillage demolishing of houses ruine of villages pillages and violence which cōuert into a wildernesse the most florishing Kingdomes and in a word all the mischiefes which warre engendreth and yet is by naturall Right That a Duell for proofe of actions obscure and doubtfull hath beene adiudged necessary by antiquity which hath made the Laws and approued by the suffrages of a great many nations that the Christian world hath happily put it in practise for no short space of time That many differences cannot bee otherwise determined nor many secret iniuries come to light but by this expedient I acknowledge that warre is one of the scourges of mankind and may bee of all others the most horrible And those which haue authority to make warre are bound to seeke out all waies for agreement before they enterprise warre to imploy the mediation of their allyes and to bring downe their demands to an indifferent equallity But when one is forced to enter into war all lamentable euents which accompany war are to be imputed to that party that hath compelled the other to such a necessity especially if the warre is defensiue for he that fights onely to defend himselfe is not guilty of the miseries which may follow For offensiue warre oftentimes it is not necessary a Prince or Estate from whom a duty is detained haue right to regaine by this way In the first warre that was in the world the Patriarche Abraham armed all his house to set at liberty his friends and kindred Warre then is made warrantable by the law of necessity now this necessity proceeds as we haue before specified heere-hence because Soueraigne powers are exempt from iustifying their actions before any Tribunall There is not a Iudge established amongst Kings to decide their differences so that he which is offended by the other can haue no recourse but to the iustice of armes But it is not so amongst priuate men for God hath giuen them Iudges and yet not permitted such Iudges who are no other extirpers of Battell to grant the same to two parties at variance to the end that they may do Iustice by their ownhands We must marke also that warre is not made to know which of the parties hath the right for he that enterpriseth a war ought first to be well assured of the iustice of his cause for otherwise it is not a war but a publique robbery but in the Duell two men are made to fight who it may bee kill one the other without which one knowes not which had the wrong To conclude war is authorised in Scripture by expresse ordinances furnished with many rules blessed by Moses prayers practised by Prophets and Kings approued by the Fore-runner of Christ honoured by the presence of the Arke and gouerned by a Chiefetaine that cals himselfe the God of Battailes But after a Duell we finde not so much as the bare name mentioned Concerning the Lawes vpon which some found this Duell we ought first to know if such Lawes themselues be lawfull A wicked Law saith an antient Father is no Law but a corruption of Law and a bastard law cannot legitimate an action nor